A Children’s Toy Recall and a Decade of TSCA Reform: Why Congress Must Pass the Alan Reinstein Ban Asbestos Now (ARBAN) Act
June 22, 2026
An Open Letter to Members of the United States Congress
Dear Members of Congress:
What would you tell a parent whose child played with a toy later recalled because it contained asbestos?
Today marks the tenth anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), signed into law by President Barack Obama on June 22, 2016. Yet that question should not still need to be asked.
The bipartisan legislation was enacted because Congress recognized that America’s chemical safety laws were failing to protect public health. Yet just weeks ago, the U.S. Consumer Product Safety Commission recalled more than 121,000 children’s toys after testing identified tremolite asbestos.
This recall is a stark reminder that your constituents, and Americans across the nation, remain at risk of asbestos exposure despite decades of scientific evidence documenting its deadly consequences.
Most Americans wrongly assume asbestos was banned decades ago.
They are often surprised to learn that it remains legal in the United States and continues to cause nearly 40,000 deaths each year.
Ten years later, it is worth examining why the promise of chemical safety reform has yet to be fully realized.
When President Barack Obama signed the legislation into law on June 22, 2016, he acknowledged a hard truth:
“The system [is] so complex, so burdensome that our country hasn’t even been able to uphold a ban on asbestos.”
The Frank R. Lautenberg Chemical Safety for the 21st Century Act was the product of bipartisan leadership, compromise, and a shared commitment to protecting public health. Members of both parties recognized that the nation’s chemical safety laws were failing American families and that meaningful reform was long overdue. They came together and passed much-needed legislation to fix the law and make it strong enough to offer meaningful protection.
Ten years later, that same bipartisan spirit is needed again.
No chemical better symbolized the failure of the original TSCA than asbestos. The Lautenberg Act replaced an unworkable regulatory framework and gave EPA stronger authority to address dangerous chemicals based on health risks. Asbestos became one of the first major tests of whether that reform could deliver on its promise.
It took another eight years of work, but in March 2024, EPA finalized the Part 1 Chrysotile Asbestos Rule, the first successful ban of an existing chemical under amended TSCA. That achievement demonstrated that TSCA reform matters and that science-based chemical regulation is possible. And yet, while that regulation was a step forward, it still left Americans at risk from asbestos.
Your constituents continue to face asbestos exposure through imported consumer products, aging infrastructure, disaster debris, renovations, and legacy asbestos in homes, schools, workplaces, and public buildings.
EPA’s Part 1 rule also faces an uncertain future. On June 1, 2026, during oral arguments before the U.S. Court of Appeals for the Fifth Circuit regarding EPA’s chrysotile asbestos rule, Department of Justice attorney Laura Glickman stated:
“If EPA cannot ban asbestos, it’s unclear under what circumstances EPA could ever ban a chemical.”
If the reformed TSCA cannot successfully address a known human carcinogen such as asbestos, then the promise of chemical safety reform remains unfulfilled and dangerously insufficient.
We are encouraged by the growing consensus that asbestos has no place in America’s future. Earlier this year, Olin Corporation withdrew from the litigation challenging EPA’s Part 1 Chrysotile Asbestos Rule and has publicly supported legislation to end asbestos use. The American Chemistry Council and its allied petitioners also withdrew their challenge to the EPA’s asbestos risk evaluation before oral argument. These developments reflect a growing consensus that asbestos poses an unreasonable risk and that the nation must move toward a comprehensive ban.
The question before Congress is no longer whether asbestos is dangerous. The science is settled. The question is whether we will act before another generation of Americans pays the price.
Congress now has a responsibility to build on the progress achieved under TSCA by advancing the Alan Reinstein Ban Asbestos Now (ARBAN) Act (S. 2811 / H.R. 5373).
Just as Congress came together in 2016 to modernize TSCA, lawmakers can once again demonstrate bipartisan leadership. The science is clear, the need is urgent, and the time for action is now.
We extend our sincere appreciation to Senator Jeff Merkley, Representative Suzanne Bonamici, and Representative Don Bacon for their leadership in championing ARBAN. Their bipartisan efforts reflect a simple principle: Americans should not continue to be exposed to a carcinogen that more than 70 nations have already banned.
ARBAN would establish a comprehensive asbestos ban, close regulatory loopholes, strengthen public health protections, and provide a durable solution that is not dependent on changing administrations or years of litigation.
Ten years after TSCA reform, Congress has a responsibility to finish what it started.
The Lautenberg Act was a critical step forward, and EPA’s chrysotile asbestos rule was another. But as long as asbestos remains legal in the United States and children can still encounter asbestos-containing consumer products, the job is not done.
This anniversary should not simply be a moment of reflection. It should be a call to action. Americans deserve the full protection that Congress sought to achieve in 2016.
We respectfully urge Congress to continue supporting science-based chemical safety protections, ensure the timely implementation of TSCA’s asbestos provisions, and advance the Alan Reinstein Ban Asbestos Now (ARBAN) Act (S. 2811 / H.R. 5373).
Sincerely,
Linda Reinstein, BCPA
President, CEO & Co-Founder
Asbestos Disease Awareness Organization (ADAO)
2026 Sponsors: ADAO is grateful to our sponsors and supporters, especially our Platinum Sponsors: Dean Omar Branham Shirley, LLP and Simmons Hanly Conroy, LLP, Gold Sponsors: The Gori Law Firm and Motley Rice LLC, and Silver Sponsor Early, Lucarelli, Sweeney & Meisenkothen.
The Asbestos Disease Awareness Organization (ADAO), a registered 501(c)(3) nonprofit organization, does not make legal referrals.