Can a Toxic Chemical Be a Trade Secret?
The client was employed for many years in industry, daily using a chemical product in his work. The client has been diagnosed with a rare cancer which you suspect was caused by the client’s exposure to the chemical product. The client doesn’t know what the product is; he just knows it by its tradename. Being a knowledgeable toxic tort lawyer, you call the client’s employer and request the Material Safety Data Sheet (MSDS) for the product. You know manufacturers are required to list the hazardous ingredients of their chemical products on these sheets, so you read the MSDS with excitement as the fax arrives. There is one hazardous ingredient listed on the MSDS and it comprises a large percentage of the product. But you don’t see the usual long, tongue-twisting chemical name in the space for the name of the ingredient, or the usual chemical identification number. Instead, the MSDS just says “trade secret ingredient.” You call the manufacturer’s emergency response number listed on the shee
