Is Asbestos Banned in the U.S.? Unveiling the Truth

For years, people have been asking: Is asbestos banned in the U.S.? The good news is the United States is coming closer than ever to a 100% ban. And if you or a loved one were harmed by asbestos exposure, you can sue for financial compensation.

Asbestos Is Fire-Resistant

For centuries, people have known asbestos is fire resistant. In the 19^th century, we discovered large deposits of asbestos in parts of the northern U.S. Manufacturers began using asbestos as a fire retardant in many things — from building materials, clothing for firefighters, hot pads in food production, brake shoes and clutch fittings in vehicles, thermal insulation, even in talcum powder and kitty litter. ⁽¹⁾

Is Asbestos Banned in the U.S.?

Yes, almost completely. In March of 2024, The U.S. Environmental Protection Agency (EPA) “set compliance deadlines to transition away from each use of chrysotile asbestos.” The law gives manufacturers leeway to end the manufacture and use of asbestos “as soon as is practicable for each use.” ⁽²⁾

Understanding Asbestos

Asbestos is a naturally occurring mineral found in rock and soil. Any time asbestos fibers are disturbed, they can be released into the air. People mining asbestos are exposed. In addition, anyone who disturbs products containing asbestos can be exposed. ⁽³⁾

People who do demolition work, build or maintain homes, or do repair work or remodeling can be exposed to asbestos. The problems always arise when materials containing asbestos are damaged or disturbed in some way. ⁽⁴⁾

The particles and fibers are dangerous when inhaled. Asbestos causes mesothelioma, lung cancer, and asbestosis. ⁽⁵⁾

Why Doesn’t the U.S. Ban Asbestos?

Many consumer advocacy groups and environmental agencies have been trying to ban asbestos for decades. Happily, most uses of asbestos have been effectively banned. The EPA has now “announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States.” ⁽⁶⁾

Asbestos History and Reality Today

Asbestos use, and the many efforts to ban it, have a long history in the U.S.

What Is Asbestos, and Why Was It Widely Used in the Past?

Records indicate the mineral asbestos was first discovered in the early 1800s in the U.S. in Vermont. Commercial mining of asbestos began in the 1890s. Manufacturers noted asbestos could be woven into cloth and withstand excessive heat. ⁽⁷⁾

As early as 1918, asbestos was linked to significant disease. However, it would be another century before the U.S. took a definitive stance and proposed a transition to completely ban asbestos. ^{(8) (9)}

For decades, manufacturers produced products for use by home and commercial builders, the automobile industry, and steel companies. By the 1960s and 1970s, more than 700,000 tons of asbestos were generated for use in the U.S. annually. ⁽¹⁰⁾

Asbestos continues to appear in many household products, including talcum powder.

What Is the EPA’s Stance on Asbestos?

By the early 1970s, the dangers of asbestos were widely recognized. The EPA began banning uses of this known carcinogen, a little at a time: ⁽¹¹⁾

• 1973: Spray-applied surfacing material containing asbestos for fireproofing and insulating.
• 1975: Installation of asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed and friable or wet-applied and friable after drying.
• 1977: The U.S. Consumer Product Safety Commission (CPSC) banned asbestos in wall-patching compounds.
• 1978: All remaining spray-applied surfacing purposes.
• 1989: New uses of asbestos in products.
• 1990: Spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits prohibited unless certain conditions were specified.
• 2019: Final rule to ensure discontinued asbestos products could not be reintroduced into commerce without strict evaluation first.
• 2024: Final rule to prohibit ongoing uses of chrysotile asbestos.

Is Asbestos Still Used in Houses?

Up until the 1970s, asbestos was widely used in many kinds of building products for homes and businesses. This includes insulation in houses built between 1930 and 1950. Other uses included: ⁽¹²⁾

• Steam pipes, boilers, and furnace ducts insulated with asbestos products.
• Floor tiles and adhesive backings.
• Cement sheet, millboard, and paper used as insulation around furnaces and woodburning stoves.
• Door gaskets in furnaces, wood stoves, and coal stoves.
• Soundproofing or decorative material sprayed on walls and ceilings.
• Patching and joint compounds for walls and ceilings, as well as textured paint.
• Asbestos cement roofing, shingles, and siding.
• Hot water and steam pipes insulated with asbestos.

What Products Still Contain Asbestos Today?

Consumer products being made today do not contain asbestos. However, you can still find asbestos in older homes and buildings. Asbestos is also in durable products in current use if they were made before asbestos bans took effect. This can include these product categories: ⁽¹³⁾

• Building products and insulation in homes and businesses.
• Automobile brake pads and linings, clutch facings, and gaskets.
• Fireproof gloves.
• Stove-top pads.
• Ironing board covers.
• Hairdryers.
• Talcum powder.

Where Is Asbestos Still Used in the U.S.?

Unless products containing asbestos were removed from homes, businesses, schools, high rises, ships, and consumer products years ago, the threat of exposure remains. Generally, you can’t tell if something contains asbestos just by looking at it.

Leaving these products alone is safer than trying to remove them yourself. It is advisable to have a professional analyze the material to determine if it contains asbestos, prior to beginning a demolition or remodeling project. ⁽¹⁴⁾

What Is the Current Regulatory Status of Asbestos in the U.S.?

Along with the EPA’s March 2024 decision to ban asbestos for future uses, multiple federal laws exist to prevent asbestos from entering this country and being used illegally, including the following: ⁽¹⁵⁾

• Asbestos Hazard Emergency Response Act (AHERA).
• Asbestos Information Act (AIA).
• Asbestos School Hazard Abatement Reauthorization Act (ASHARA).
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
• CERCLA Hazardous Substances and Reportable Quantities.
• Toxic Substances Control Act (TSCA) Section 8(a)(1) Reporting and Recordkeeping Requirements for Asbestos.
• Restrictions on Discontinued Uses of Asbestos (40 CFR Parts 9 and 721).
• Asbestos-Containing Materials in Schools Rule (40 CFR Part 763, Subpart E).
• Asbestos Worker Protection Rule (40 CFR Part 763, Subpart G).
• Asbestos Ban and Phaseout Rule (Remanded) (40 CFR Part 763, Subpart I).
• Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulations (40 CFR Part 61, Subpart M).

What Challenges Exist in Enforcing Asbestos Regulations?

If federal and state agencies do not communicate and work together, enforcing regulations can be challenging. The EPA has general oversight of many asbestos regulations. Other enforcement agencies include the: ⁽¹⁶⁾

• Occupational Safety and Health Administration (OSHA).
• Consumer Product Safety Commission (CPSC).
• Mine Safety and Health Administration (MSHA).

States are required to meet federal requirements. They may also have stricter laws if they choose to enact their own.

What Can Individuals and Communities Do to Advocate for Improved Regulation and Public Health Initiatives Regarding Asbestos?

Become informed. Federal government sites, including ones provided by the EPA, OSHA, and the Centers for Disease Control and Prevention (CDC), exist for you to review. Your own state and local governments are also good places to start.

The Impact of Asbestos Exposure

Tradespeople and others in the construction industry are often the most at risk of being exposed to asbestos, including their families and communities. All of these groups of people face huge medical issues — and the financial issues that come along with health care costs.

Getting legal help is essential to hold the companies responsible for causing your pain and suffering. These companies did not prevent your exposure, so they should pay for the results of their actions. You deserve financial compensation for the life-changing illness you now face.

What Are the Health Risks Associated with Asbestos Exposure?

Wherever products containing asbestos are disturbed, tiny fibers can be released into the air. Anyone who breathes in these fibers can develop severe disease. ⁽¹⁷⁾

Asbestos fibers can get trapped in your lungs and stay there. They can accumulate over time. Asbestos fibers can irritate, leading to scarring and inflammation. Damage from asbestos fibers can cause significant breathing problems. ⁽¹⁸⁾

Asbestos is a known human carcinogen. Inhaling asbestos fibers can lead to mesothelioma, lung cancer, asbestosis, and other life-threatening conditions. Mesothelioma is a rare but aggressive cancer that affects thin membranes lining your chest and abdomen. ⁽¹⁹⁾

What Broader Impact Does Asbestos Exposure Have on Communities and Municipalities?

Sometimes individuals and their families are harmed by asbestos. Sometimes whole communities of people — often who do similar jobs — have been injured due to asbestos exposure.

Sometimes people across the country have been exposed to asbestos by using similar products. Because asbestos exposure has long proven detrimental to human health, multiple resources for individuals and communities exist.

If you developed an asbestos-related illness, you may be eligible for Medicare coverage. General information is available on the Medicare website. ⁽²⁰⁾

If you developed an asbestos-related disease at your place of work, you may qualify for financial help through state workers’ compensation laws. For more information, contact your state workers’ compensation board. ⁽²¹⁾

If you were exposed to asbestos through your work with a federal agency, your medical expenses may be covered by the Federal Employees’ Compensation Program. Your family may also be entitled to benefits if your injury or disease leads to death. ⁽²²⁾

Another resource is the Longshore and Harbor Workers’ Compensation Program. This program provides benefits to: ⁽²³⁾

• Longshoremen.
• Harbor workers.
• Other maritime workers.

What Efforts Are Being Made to raise Awareness and Provide Support for Affected Communities?

Communities are working to eliminate asbestos-related diseases, raise awareness, and offer support by: ⁽²⁴⁾

• Stopping the use of all types of asbestos.
• Replacing asbestos with safer substitutes.
• Taking steps to prevent exposure to asbestos already in place and during its removal.
• Improving early diagnosis, treatment, and medical rehabilitation of asbestos-related diseases.
• Establishing registries of people with past or current exposures to asbestos.

You can visit this nonprofit organization, among others, for more information: Mesothelioma Applied Research Foundation.

The Litigation Process

The litigation process begins with one phone call to Weitz & Luxenberg. W&L is no ordinary law firm. We started out handling asbestos exposure cases in the mid-1980s. We are now one of the pre-eminent law firms across the country that handles asbestos exposure lawsuits for our clients.

For the last several years, we have also focused on the relationship between asbestos and talcum powder. W&L created a specialized team to handle this asbestos litigation area. Our attorneys are dedicated to exposing the dangers of asbestos-contaminated talc to your health, and getting our clients the compensation and justice they deserve.

Our knowledge of this relationship between the two — and our dedication and resources — makes our firm ideally suited for cases involving talc litigation. Our clients also include women diagnosed with ovarian cancer from asbestos-contaminated talcum powder products.

What Resources Are Available for Seeking Compensation and Medical Support?

Weitz & Luxenberg supports communities across the nation affected by asbestos. We have offices across the country and have been handling asbestos exposure cases for almost four decades.

We can help you get the medical support — and the financial compensation — you deserve.

From just one phone call, we can help you explore your legal options. Generally, the more information you have about your situation, the better.

You might consider where you worked, how long you worked for your different employers, the types of work you did, and the specific products you used.

Do you suspect you encountered asbestos in your place of work or through the products you worked with? Or perhaps you were exposed because of where a spouse worked? Or more traditionally from the products you purchased and used?

We know the rules, guidelines, and statutes for people in all the states we represent clients in. We know the history of asbestos use, the industries that have utilized it, and the products that contain it.

What Legal Rights Do Victims of Asbestos Exposure Have?

If you developed an illness related to asbestos exposure, you absolutely have the right to sue for compensation. Companies have a responsibility to safeguard people from possible exposure. If they didn’t, they need to be held responsible.

We have helped tens of thousands of clients get financial compensation for medical bills, lost income, and pain and suffering.

Weitz & Luxenberg: Here to Help Victims of Asbestos Exposure

We are happy to report that the answer to the question “Is asbestos banned in the U.S.?” is “yes” in 2024. For people across the country who have been injured by asbestos — or know someone who has been harmed — Weitz & Luxenberg is here to help you.

We have been building our knowledge, expertise, and resources over the years. We can help anyone, no matter where and when you were exposed to asbestos. Just ask any of our clients who we have won both verdicts and settlements for.

We invite you to contact us by calling (833) 977-3437 or filling out our form. Your consultation is free of charge.