The record
In March 1976 Whittaker reported to the FDA that approximately 74 ground ore samples analysed over four years all showed non-detectable amounts of fibrous asbestos; the court elsewhere states the company did not reveal positive test results from 1972 and 1973.
Claim scope
A dated (March 15, 1976) industry submission to the FDA of an all-negative record, which the court's own summary states omitted earlier positives: “In 1976, when defendant reported to the FDA 74 negative test results on ground ore samples during the preceding four years, defendant did not reveal the positive test results on several samples tested in 1972 and 1973.”
What this source does not establish
The court REVERSED punitive damages notwithstanding this. Its non-disclosure statement appears in the court's summary of the evidence, and the court concluded the record did not establish malice by an officer, director or managing agent. Do NOT write that a court found Whittaker lied to the FDA.
Limitations
McNeal is the most valuable opinion in this set for timeline purposes because the court sets out the internal documents in an explicitly dated month-by-month chronology (headings 'a. August 1971' through 's. May 1977'). CRITICAL COUNTERWEIGHT: the court REVERSED the punitive damages award, holding the same evidence did not establish malice, oppression or fraud. Any use of McNeal must carry that disposition. The documents are verified as recounted; the culpability inference was rejected by this court. The court also records an FDA official's 1976 internal concern about the company's “limited effort” to control cosmetic talc quality, but expressly notes that document's admissibility was challenged on appeal — so treat it as contested. QUOTE FIDELITY: the opinion's PDF interleaves the page number '19' inside this sentence (“approximately 19 74 ground ore samples”). The figure is 74; '19' is pagination. Verified against the raw text.
Source
Case Citation — McNeal v. Whittaker, Clark & Daniels, No. B313472 (Cal. Ct. App. 2d Dist. Div. 8, July 5, 2022) (published; reporter cite UNVERIFIED)