March 21, 2009
Perhaps Health Canada should review UFFI ban
Over the last 18 months, approximately 700 older homes in Ontario have been
insulated with a product containing urea formaldehyde foam insulation, or UFFI.
The problem is that the use of UFFI has been illegal in Canada since it was
banned in December 1980 under the Hazardous Products Act.
Once Health Canada became aware of the recent problem, it issued an advisory
informing consumers that RetroFoam of Canada Inc. imported and illegally sold a
urea formaldehyde-based thermal insulation under the name RetroFoam.
Health Canada also issued a "cease and desist" letter to RetroFoam of Canada
Incorporated, the Canadian importer of the insulation, to stop all importation
and sale of the product in Canada. Health Canada also instructed Enerliv, the
Canadian distributor of RetroFoam, to stop all sale, advertisement and further
installations of the product and to call back any unused product.
In addition, RetroFoam, RetroFoam of Canada Inc., and Enerliv were placed on
Canada Border Service Agency's automated system target list to prevent any
future importation of this product. As a result of Health Canada's actions,
RetroFoam is no longer available for sale or installation in Canada.
RetroFoam of Canada Inc. is responsible for ensuring that the products they
import, sell or advertise meet the requirements of the Hazardous Products Act
and its regulations. Health Canada issued a statement saying it is currently
reviewing its legal options.
Urea formaldehyde insulation is prohibited in Canada because it may release
formaldehyde gas into indoor air. Health Canada is taking further regulatory
action to protect the health and safety of homeowners who have had RetroFoam
installed in their homes by supporting them in having their indoor air quality
tested.
Health Canada will be communicating directly with homeowners to provide
further details on how they can obtain government support for having their
indoor air quality tested.
Meanwhile, the Windsor, Ont., law firm of Sutts, Strosberg LLP, is planning a
class action against the distributors of the insulation. At issue in the case is
not whether RetroFoam is safe, but whether its now sullied reputation will drive
down the price of people's homes. UFFI insulation in a home may stigmatize the
house and drive down its value even if there is no evidence that the product is
dangerous.
The planned litigation lays blame with Enerliv, RetroFoam Canada and the
federal Department of Natural Resources. The law firm says the government issued
an implied endorsement of RetroFoam when the product met the criteria for its
Eco-Energy program, which offers homeowners rebates for improving a house's
energy efficiency.
None of the allegations has yet been proven in court.
Sutts, Strosberg has set up a website,
retrofoamclassaction.com, for people to register to be part of the suit.
RetroFoam Canada has set up its own information website at
retrofoamcanada.com.
The real problem with UFFI is that there is no scientific evidence that its
presence in a house is dangerous. In a detailed study published on
carsondunlop.com, veteran
home inspector Alan Carson of Carson, Dunlop & Associates Ltd., and John Caverly,
of Building Inspection Consultants & Associates, conclude that urea formaldehyde
foam insulation has not been shown to be a health concern.
"We believe that those who have urea formaldehyde foam insulation in their
homes should enjoy their houses, and sleep well at night," the report says. "UFFI
is simply not the problem it was once feared to be."
In 1995, a test case against UFFI manufacturers reached the Quebec Court of
Appeal after a marathon eight-year trial. In a massive 216,000-word judgment,
the court ruled there was no basis for fear of health risks and no justification
for removing UFFI. Maybe it's time for Health Canada to review its ban on this
insulation.
Bob Aaron is a Toronto real estate lawyer and a director of the Tarion
Warranty Corporation. He can be reached by email at
bob@aaron.ca, phone 416-364-9366 or fax
416-364-3818. Visit the column archives at
http://aaron.ca/columns/toronto-star-index.htm for articles on this and
other topics. |
