Benzene is a chemical compound that can be found in oil, gasoline, cigarette smoke, and vehicle emissions. It is also widely used in the manufacturing of certain plastic and rubber products. Exposure to benzene is known to cause cancer and other short-term and long-term health problems. People can be exposed to benzene at the workplace, in the home, by drinking contaminated water or beverages, or just by breathing the air outside.
In recent years, a number of lawsuits have been filed by plaintiffs who allege that benzene exposure has caused serious health problems, even some deaths. This article discusses how people can be exposed to benzene, the known health risks associated with benzene, and the types of lawsuits that form the bulk of benzene litigation. (To learn about lawsuits arising from other dangerous chemicals or drugs, see Nolo's article Toxic Torts Overview.)
Benzene and Where It Is Found
Benzene is a colorless liquid chemical with a sweet smell. It is found in oil, gasoline, tobacco smoke, motor vehicle emissions, and the burning of coal. It is used in certain industries and also may be found in the air, water supply, and the home. Although most benzene exposure is at low levels not proven to cause health problems, some industrial workers or people living near sites where high levels of benzene can be found may be exposed to unsafe levels of the chemical.
Workplace Exposure
Benzene is used to manufacture plastics, resins, nylon, synthetic fibers, detergents, pesticides, lubricants, dyes, and other chemicals. Industries that commonly use benzene include plastics and rubber manufacturing industries, oil refineries, chemical plants, shoe manufacturers, and gasoline related industries. Workers who might be exposed to benzene include: steel workers, printers, rubber workers, shoe makers, laboratory technicians, plastic industry workers, and gasoline service station workers.
Outdoor Air
Outdoor air may contain low levels of benzene from tobacco smoke, wood smoke, the transfer of gasoline, exhaust from motor vehicles, and industrial emissions. Air around hazardous waste sites or gas stations may also contain higher levels of benzene.
Indoor Air and Tobacco Smoke
Benzene vapor levels can be higher indoors, coming from products that contain benzene -- such as glues, paints, furniture wax, and detergents. However, nowadays many of these products have been modified to eliminate or reduce benzene content. About 50% of benzene exposure in the United States comes from tobacco smoke, according to a 2007 report by the Agency for Toxic Substances and Disease Registry (ATSDR), an agency of the federal department of Health and Human Services.
Water Supply
Leaks from underground storage tanks or hazardous waste site tanks can contaminate water supplies and wells. For example, in 2005 an explosion in a Chinese petroleum plant caused 100,000 tons of benzene to spill into the Songhua River in China, contaminating the water supply of millions of people.
Soft Drinks
In the mid-2000's, consumer groups and the Food and Drug Administration (FDA) found unsafe levels of benzene in certain soft drinks and beverages.
Government Standards for Benzene Exposure Levels
Because of the known health risks associated with benzene exposure, federal government agencies have set standards for acceptable levels of benzene in drinking water and in the workplace. These agencies also require the reporting of any industrial spills or leaks involving benzene.
Drinking water. According to the Environmental Protection Agency (EPA), drinking water cannot have more than .005 milligrams of benzene per liter of water.
Industrial spills. The EPA requires industries to report benzene leaks or spills of 10 pounds or more.
Workplace air. The Occupational Health and Safety Administration (OSHA) regulates the amount of permissible benzene in the air at the workplace for both 8-hour days and the 40-hour workweek. OSHA also sets standards for short-term exposure to airborne benzene. Employers that use benzene in the workplace must monitor levels of benzene exposure by periodically testing employees' blood or breath. Both tests are accurate only if administered shortly after possible exposure.
Exposure to benzene -- whether airborne or through ingesting food -- has a number of known negative health effects.
Effects of Long-Term Exposure to Airborne Benzene
When people breathe benzene over long periods of time -- for example, because of exposure to high levels of benzene on the job -- they can suffer from serious health problems.
Cancer. The United States Department of Health and Human Services classifies benzene as a human carcinogen (an agent causing cancer). Long-term exposure to airborne benzene is known to cause leukemia, particularly acute myeloid leukemia (AML) and acute non-lymphocytic leukemia (ANLL).
Anemia. A report by the ATSDR also links benzene to a life-threatening form of anemia, called aplastic anemia.
Reproductive problems. Long-term exposure to benzene has been linked to female infertility, disruption of the menstrual cycle, and decreased ovary size.
Immune system damage. Constant exposure to benzene can damage the body's immune system.
Effects of Short-Term Exposure to Airborne Benzene
Short-term exposure to high levels of benzene can cause death. Short-term exposure to low levels of benzene can cause dizziness, drowsiness, irregular or rapid heartbeat, unconsciousness, confusion, tremors, and headaches.
Health Effects Caused by Ingesting Benzene
Ingesting foods with high levels of benzene can cause stomach aches, dizziness, vomiting, drowsiness, convulsions, and irregular or rapid heartbeat.
Benzene Litigation
In the mid-1990's the number of lawsuits involving benzene surged. The bulk of these lawsuits fall into three types: cases alleging occupational exposure to benzene, claims based on benzene leaks, and suits filed over the presence of benzene in soft drinks.
Occupational Exposure
Benzene litigation first emerged with lawsuits involving occupational exposure to benzene. In these lawsuits, a worker (or a group of workers) typically alleges that long-term exposure to benzene on the job has caused a sickness like leukemia or anemia. Typical claims in these cases include:
Product liability claims. In these claims, plaintiffs allege that a product containing benzene is dangerous or that the manufacturer failed to provide adequate warnings or instructions regarding the proper use of the injury-causing product. Defendants in these cases include the manufacturer and distributor of the product. For example, workers in a plastics factory might claim that a chemical they use to make plastics emits benzene into the air, and that their exposure to this chemical over long periods of time caused them to contract leukemia. In response to these types of claims, some defendants have argued that the workers knew the products contained benzene and therefore they "assumed the risk" of developing health problems associated with benzene. (To learn more about product liability claims, see Nolo's Product Liability FAQ.)
Claims against the employer for unsafe working conditions. Plaintiffs in occupational exposure cases may also allege that their employer failed to keep them safe by requiring them to work around dangerous chemicals or products, or by neglecting to provide safety equipment like ventilation systems.
Claims against the employer and equipment manufacturers for failed protective equipment. Some occupational exposure lawsuits might also allege that equipment used to eliminate or reduce workers' exposure to benzene failed to work properly. Plaintiffs in these cases might sue both their employer and the manufacturer of the equipment.
Exposure from Benzene Leaks
In recent years, an increasing number of legal claims have been brought on behalf of people who have been exposed to benzene through leaks or spills of benzene-containing products. For example, a leak in Pennsylvania underground gasoline storage tanks caused an underground plume of 50,000 gallons of gasoline to spread to 350 local homes. Residents of those homes alleged that the airborne benzene caused health problems, prompting over 200 individual lawsuits seeking compensation for injuries.
Benzene Exposure From Soft Drinks
Other benzene lawsuits have been brought against beverage manufacturers, over the presence of certain ingredients in soft drinks. Specifically, these lawsuits allege that under certain light and heat conditions, benzoate salts (such as sodium benzoate or potassium benzoate) in the drinks can combine with ascorbic acid (Vitamin C) to form benzene at levels that are unsafe under consumer product safety guidelines. As a result of these lawsuits, several of the defendant soft drink manufacturers (including PepsiCo and Coca-Cola) have reformulated the ingredients used in some of their drinks.
Between 2005 and 2007, the Center for Food Safety and Applied Nutrition (part of the U.S. Food and Drug Administration) tested 200 soft drinks and other beverages for benzene. The study found that ten types of drinks contained more than the permissible amount of benzene (5 parts per billion). Since the study, the makers of those ten beverages have either taken the drinks off the market or reformulated them so that they now contain permissible levels of benzene. The FDA is continuing to test beverages for benzene levels.
Getting Help
Legal claims involving benzene exposure are usually not the kind in which you can represent yourself effectively. The legal and scientific issues in such cases are often complex and sophisticated. Depending on your case, you may wish to retain the services of a lawyer who specializes in products liability, workplace toxins, or other types of benzene litigation.
You may also want to consult with a lawyer to find out if there is an existing class action lawsuit regarding the benzene exposure that concerns you, and if so, whether it is advisable for you to join that class action. (If there is an existing class action, consider contacting the lawyers for the class directly; they will likely be very interested in talking with you.) Such initial consultations are usually free of charge.
In recent years, a number of lawsuits have been filed by plaintiffs who allege that benzene exposure has caused serious health problems, even some deaths. This article discusses how people can be exposed to benzene, the known health risks associated with benzene, and the types of lawsuits that form the bulk of benzene litigation. (To learn about lawsuits arising from other dangerous chemicals or drugs, see Nolo's article Toxic Torts Overview.)
Benzene and Where It Is Found
Benzene is a colorless liquid chemical with a sweet smell. It is found in oil, gasoline, tobacco smoke, motor vehicle emissions, and the burning of coal. It is used in certain industries and also may be found in the air, water supply, and the home. Although most benzene exposure is at low levels not proven to cause health problems, some industrial workers or people living near sites where high levels of benzene can be found may be exposed to unsafe levels of the chemical.
Workplace Exposure
Benzene is used to manufacture plastics, resins, nylon, synthetic fibers, detergents, pesticides, lubricants, dyes, and other chemicals. Industries that commonly use benzene include plastics and rubber manufacturing industries, oil refineries, chemical plants, shoe manufacturers, and gasoline related industries. Workers who might be exposed to benzene include: steel workers, printers, rubber workers, shoe makers, laboratory technicians, plastic industry workers, and gasoline service station workers.
Outdoor Air
Outdoor air may contain low levels of benzene from tobacco smoke, wood smoke, the transfer of gasoline, exhaust from motor vehicles, and industrial emissions. Air around hazardous waste sites or gas stations may also contain higher levels of benzene.
Indoor Air and Tobacco Smoke
Benzene vapor levels can be higher indoors, coming from products that contain benzene -- such as glues, paints, furniture wax, and detergents. However, nowadays many of these products have been modified to eliminate or reduce benzene content. About 50% of benzene exposure in the United States comes from tobacco smoke, according to a 2007 report by the Agency for Toxic Substances and Disease Registry (ATSDR), an agency of the federal department of Health and Human Services.
Water Supply
Leaks from underground storage tanks or hazardous waste site tanks can contaminate water supplies and wells. For example, in 2005 an explosion in a Chinese petroleum plant caused 100,000 tons of benzene to spill into the Songhua River in China, contaminating the water supply of millions of people.
Soft Drinks
In the mid-2000's, consumer groups and the Food and Drug Administration (FDA) found unsafe levels of benzene in certain soft drinks and beverages.
Government Standards for Benzene Exposure Levels
Because of the known health risks associated with benzene exposure, federal government agencies have set standards for acceptable levels of benzene in drinking water and in the workplace. These agencies also require the reporting of any industrial spills or leaks involving benzene.
Drinking water. According to the Environmental Protection Agency (EPA), drinking water cannot have more than .005 milligrams of benzene per liter of water.
Industrial spills. The EPA requires industries to report benzene leaks or spills of 10 pounds or more.
Workplace air. The Occupational Health and Safety Administration (OSHA) regulates the amount of permissible benzene in the air at the workplace for both 8-hour days and the 40-hour workweek. OSHA also sets standards for short-term exposure to airborne benzene. Employers that use benzene in the workplace must monitor levels of benzene exposure by periodically testing employees' blood or breath. Both tests are accurate only if administered shortly after possible exposure.
Exposure to benzene -- whether airborne or through ingesting food -- has a number of known negative health effects.
Effects of Long-Term Exposure to Airborne Benzene
When people breathe benzene over long periods of time -- for example, because of exposure to high levels of benzene on the job -- they can suffer from serious health problems.
Cancer. The United States Department of Health and Human Services classifies benzene as a human carcinogen (an agent causing cancer). Long-term exposure to airborne benzene is known to cause leukemia, particularly acute myeloid leukemia (AML) and acute non-lymphocytic leukemia (ANLL).
Anemia. A report by the ATSDR also links benzene to a life-threatening form of anemia, called aplastic anemia.
Reproductive problems. Long-term exposure to benzene has been linked to female infertility, disruption of the menstrual cycle, and decreased ovary size.
Immune system damage. Constant exposure to benzene can damage the body's immune system.
Effects of Short-Term Exposure to Airborne Benzene
Short-term exposure to high levels of benzene can cause death. Short-term exposure to low levels of benzene can cause dizziness, drowsiness, irregular or rapid heartbeat, unconsciousness, confusion, tremors, and headaches.
Health Effects Caused by Ingesting Benzene
Ingesting foods with high levels of benzene can cause stomach aches, dizziness, vomiting, drowsiness, convulsions, and irregular or rapid heartbeat.
Benzene Litigation
In the mid-1990's the number of lawsuits involving benzene surged. The bulk of these lawsuits fall into three types: cases alleging occupational exposure to benzene, claims based on benzene leaks, and suits filed over the presence of benzene in soft drinks.
Occupational Exposure
Benzene litigation first emerged with lawsuits involving occupational exposure to benzene. In these lawsuits, a worker (or a group of workers) typically alleges that long-term exposure to benzene on the job has caused a sickness like leukemia or anemia. Typical claims in these cases include:
Product liability claims. In these claims, plaintiffs allege that a product containing benzene is dangerous or that the manufacturer failed to provide adequate warnings or instructions regarding the proper use of the injury-causing product. Defendants in these cases include the manufacturer and distributor of the product. For example, workers in a plastics factory might claim that a chemical they use to make plastics emits benzene into the air, and that their exposure to this chemical over long periods of time caused them to contract leukemia. In response to these types of claims, some defendants have argued that the workers knew the products contained benzene and therefore they "assumed the risk" of developing health problems associated with benzene. (To learn more about product liability claims, see Nolo's Product Liability FAQ.)
Claims against the employer for unsafe working conditions. Plaintiffs in occupational exposure cases may also allege that their employer failed to keep them safe by requiring them to work around dangerous chemicals or products, or by neglecting to provide safety equipment like ventilation systems.
Claims against the employer and equipment manufacturers for failed protective equipment. Some occupational exposure lawsuits might also allege that equipment used to eliminate or reduce workers' exposure to benzene failed to work properly. Plaintiffs in these cases might sue both their employer and the manufacturer of the equipment.
Exposure from Benzene Leaks
In recent years, an increasing number of legal claims have been brought on behalf of people who have been exposed to benzene through leaks or spills of benzene-containing products. For example, a leak in Pennsylvania underground gasoline storage tanks caused an underground plume of 50,000 gallons of gasoline to spread to 350 local homes. Residents of those homes alleged that the airborne benzene caused health problems, prompting over 200 individual lawsuits seeking compensation for injuries.
Benzene Exposure From Soft Drinks
Other benzene lawsuits have been brought against beverage manufacturers, over the presence of certain ingredients in soft drinks. Specifically, these lawsuits allege that under certain light and heat conditions, benzoate salts (such as sodium benzoate or potassium benzoate) in the drinks can combine with ascorbic acid (Vitamin C) to form benzene at levels that are unsafe under consumer product safety guidelines. As a result of these lawsuits, several of the defendant soft drink manufacturers (including PepsiCo and Coca-Cola) have reformulated the ingredients used in some of their drinks.
Between 2005 and 2007, the Center for Food Safety and Applied Nutrition (part of the U.S. Food and Drug Administration) tested 200 soft drinks and other beverages for benzene. The study found that ten types of drinks contained more than the permissible amount of benzene (5 parts per billion). Since the study, the makers of those ten beverages have either taken the drinks off the market or reformulated them so that they now contain permissible levels of benzene. The FDA is continuing to test beverages for benzene levels.
Getting Help
Legal claims involving benzene exposure are usually not the kind in which you can represent yourself effectively. The legal and scientific issues in such cases are often complex and sophisticated. Depending on your case, you may wish to retain the services of a lawyer who specializes in products liability, workplace toxins, or other types of benzene litigation.
You may also want to consult with a lawyer to find out if there is an existing class action lawsuit regarding the benzene exposure that concerns you, and if so, whether it is advisable for you to join that class action. (If there is an existing class action, consider contacting the lawyers for the class directly; they will likely be very interested in talking with you.) Such initial consultations are usually free of charge.
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