New Asbestos Ban Nears, But Litigation Will Remain for Foreseeable Future, Published in the New York Law Journal

In an article published on November 21 in the New York Law Journal, Segal McCambridge Shareholder Andrew Wells highlights the Alan Reinstein Ban Asbestos Now Act of 2025 (H.R. 5373), a bipartisan bill that would finally ban most commercial uses of asbestos in the United States. He explains how this landmark legislation would amend the Toxic Substances Control Act (TSCA) to prohibit the manufacture, processing, use, and distribution of seven forms of asbestos including Chrysotile, Crocidolite, Amosite, Anthophyllite, Tremolite, Actinolite, Richterite, and Winchite, while leaving certain exceptions.  

"While many may have assumed that asbestos was banned long ago, a bill to ban its commercial use is currently working its way through Congress," Wells explains.  

The Act’s exceptions include allowing the President to call for use for certain national security reasons and a single industry use. Violations of the TSCA include civil penalties of up to $25,000 per day and criminal penalties of up to $50,000 per day and/or a year of imprisonment.   

“In preparation for the passage of the Act, companies and individuals must review the product lines they manufacture, sell or distribute to ensure that none of the specified forms of asbestos are an ingredient to avoid the new federal penalties and litigation risk,” said Wells. “If they have a question about whether a product may still contain asbestos, it would be prudent to retain an industrial hygienist to test the product for its content.” 

Read the story in full: click here.