Jury rules in favor of Rhode Island in lead-paint lawsuit: NPCA contests decision.

The case of the "State of Rhode Island v. Lead Industries Association et al." has resulted in a verdict for the state. On February 22, a Rhode Island jury decided that three paint manufacturers--Sherwin-Williams Co., NL Industries Inc., and Millennium Holdings LLC--are liable for causing a public health nuisance by selling paints containing lead prior to the 1978 ban on lead-based paints. Despite the ban, the state argued that there are many older homes with lead paint and that it is still affecting children. The jury found the fourth company in the lawsuit, Atlantic Richfield, not responsible.

The National Paint and Coatings Association has issued a statement saying that they disagree with the jury's decision and that they feel confident that "upon appeal, the issue will be resolved in favor of the defendants." The statement also discusses the industry's extensive and long-standing progressive action concerning the elimination of childhood lead poisoning. The NPCA defends the paint industry, citing numerous voluntarily programs and initiatives that the industry and NPCA have created. In 1954, the NPCA and its members engaged in a cooperative effort with the American Academy of Pediatrics to establish a consensus standard (through what is now the American National Standards Institute) that practically eliminated lead pigment use in consumer house paints and totally in paints for materials accessible to children. They also testified in favor of the Federal Lead-Based Paint Poisoning Prevention Act in 1971 and thereafter supported the eventual ban of lead in consumer paints by the Consumer Product Safety Commission in 1978 under this law. Additionally, the NPCA, on behalf of the paint industry, established the independent non-profit Community Lead Education and Reduction Corps (CLEARCorps), which operates programs with partners in regions across the U.S. In 2003, they entered into a cooperative agreement with 46 states and others to train renovation and remodeling contractors (including painting contractors) to safely work with old, lead-based paint.

If the jury's decision stands, the companies will have to pay the cleanup costs for some 300,000 Rhode Island homes. Although the state did not put a dollar value on the lawsuit, it is estimated that the costs could be in the millions. A superior court judge has ruled that the state cannot seek punitive damages against the companies, however. This verdict could have major ramifications for the paint and coatings industry and affect and trigger similar lawsuits in other states. Following the verdict, Sherwin-Williams and NL Industries' stock value fell sharply on the New York Stock Exchange.

The companies argued that the childhood lead-poisoning incidences have drastically dropped in recent years and that lead paint remains a problem in only a small number of properties that have not been properly maintained. They also stated that paint is not the only form of lead poisoning, and that the state did not prove a solid link between the lead-based paint and the children who have suffered lead poisoning.

As part of the verdict, the state wants the companies to pay for a lead paint testing program that could involve home inspections, the removal or painting over of lead paint, and public education programs.