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The first major lawsuit over engineered stone in the US is using ads run by global manufacturer Caesarstone in Australia as evidence of what lawyers say is the kitchen benchtop maker\u2019s misleading and \u201cdisgraceful\u201d conduct.<\/p>\n
Caesarstone, one of two major manufacturers supplying stone for Australia\u2019s benchtops, ran newspaper, radio and social media ads last month warning that a total ban of engineered stone would not solve the silicosis crisis and could even place stonemasons at risk.<\/p>\n
\u201cIt\u2019s clear that this issue isn\u2019t motivated solely by the safety of workers and will instead throw the construction industry into chaos,\u201d the October ad says.<\/p>\n
The ads ran before the release on October 27 of a Safe Work report calling for the total prohibition of engineered stone as the only way to keep workers safe from silicosis.<\/p>\n
The manufacturers\u2019 campaign was condemned by unions and health experts, and compared to the tactics of James Hardie, a company synonymous with asbestos.<\/p>\n
A \u201cmass tort\u201d launched by California-based law firm Brayton Purcell on behalf of at least 25 US tradespeople has accused Caesarstone, alongside other manufacturers and masonry shops, of having \u201cfraudulently concealed\u201d the toxicity of their products.<\/p>\n
The law firm believes this is the first action of its kind on this scale, following the settlement of an individual claim relating to silicosis in Texas in 2014.<\/p>\n
Part of the written complaint, lodged on behalf of individual tradespeople across several courts in California and Oregon, cites the Australian ad, which it describes as \u201cCaesarstone\u2019s disgraceful October 2023 advertisements\u201d.<\/p>\n
\u201cTo deter Australian regulators from banning artificial stone, Caesarstone mounted a desperate advertising campaign in October 2023,\u201d the court document says.<\/p>\n
Brayton Purcell partner James Nevin said \u201cevery word\u201d in the ad was misleading, and that it ignored the distinction between the crystalline silica in engineered stone products and the silica content of other materials worked on by stonemasons.<\/p>\n
\u201cThe kicker, of course, is the end of that advertisement, where they say rather than a complete ban, just ban anything that\u2019s over 40 per cent. That\u2019s the kicker compared to what they\u2019re saying in the US,\u201d Nevin said in an interview with The Sydney Morning Herald<\/em> and The Age<\/em>.<\/p>\n \u201cWhat they\u2019re saying here is there\u2019s absolutely nothing wrong with the 95 per cent, it\u2019s perfectly safe, it\u2019s the fabrication shops that aren\u2019t following safety.\u201d<\/p>\n A spokesperson for Caesarstone, a named defendant in the case, declined to comment as the matter was before the courts, but a court document filed on behalf of the company in the US, and seen by this masthead, denies the company\u2019s conduct contributed to the stonemasons\u2019 conditions.<\/p>\n Caesarstone Australia chief executive David Cullen last month denied there was anything misleading about the advertising campaign.<\/p>\n \u201cThere is a genuine concern that focusing on only one product containing silica may increase risks to workers by creating the impression that other forms of stone are \u2018safe\u2019 and do not require the same level of caution,\u201d he said at the time.<\/p>\n Caesarstone argued this year for a crystalline silica threshold of 40 per cent or below during a debate about what levels were safe to prevent lasting harm from the dust generated by stonemasons cutting the slabs.<\/p>\n All states and territories bar Western Australia have explicitly backed a ban on engineered stone following the release of the Safe Work report, with a decision expected to be made at a ministerial meeting on December 13.<\/p>\n Bunnings and IKEA have already announced they will stop selling the product next year.<\/p>\n Nevin described Australia\u2019s silicosis epidemic as the \u201ccanary in the coalmine\u201d since the popularity of engineered stone had caught on Australia before the US, and while the Albanese government is legislating a mandatory reporting system for cases, the US didn\u2019t have an adequate reporting system.<\/p>\n He said dozens more cases were waiting to be lodged with his law firm and an associated firm in southern California, and anticipated lawsuits would be filed across several states a year from now.<\/p>\n