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World Kitchen & Pyrex Respond

Company claims "serious errors" in ConsumerAffairs.com's story

October 8, 2008

• Three Years Later: Pyrex Dishes Still Go Boom • The Company Lawyer's Response to Our Story • Pyrex Panic: Shrapnel in the Kitchen • Bakers Beware: Shattering Pyrex Pans --- • Consumer Complaints - Pyrex • Consumer Complaints - Anchor Hocking

World Kitchen's attorneys have submitted the following response to our August 20, 2008 story.

Pyrex^® Maker Identifies Serious Flaws

in ConsumerAffairs.com’s Story

Consumers should have accurate information about Pyrex^® glass bakeware. Instead, ConsumerAffairs.com’s (Consumer Affairs) August 20, 2008 posting by Joseph S. Enoch, entitled “Three Years Later: Pyrex Dishes Still Go Boom,” falsely claims that Pyrex glass bakeware is unsafe for use as directed. This is not the case. In fact, consumers have safely and reliably used hundreds of millions of pieces of Pyrex® glassware in American kitchens for decades.

World Kitchen, LLC (the U.S. manufacturer of Pyrex glass bakeware) has identified serious errors in the Pyrex story and Consumer Affairs has agreed “to post a response . . . from World Kitchen in a prominent place next to the original story.” (September 29, 2008 Email from Consumer Affair’s counsel, Cameron Stracher, to World Kitchen’s counsel, Kerrie L. Campbell). In order to ensure that consumers have access to truthful and accurate information, World Kitchen urges Consumer Affairs to post this response in a prominent place next to all postings that contain similar false and misleading criticisms of Pyrex.

1. Contrary to what Consumer Affairs Says, World Kitchen Did Not Change the Formulation of Pyrex Glass Bakeware; the Formulation is the Same as that used by Corning.

According to Consumer Affairs’ August 20 Pyrex posting:

• “The four glass experts ConsumerAffairs.com consulted for this story agreed that the most likely reason the dishes are exploding is that they are not made from the type of glass, known as borosilicate, that they said was originally used in Pyrex dishes.”
• “All the experts we consulted said they had not heard of this problem until just recently and doubted that the Pyrex manufactured by Corning – before the 1998 licensing of its name to World Kitchen – would be dangerous.”

While it is true that Pyrex was originally made of borosilicate glass in 1915, Pyrex glass bakeware sold in the U.S. has been made consistently of soda lime glass that has been heat strengthened, through a thermal tempering process, at World Kitchen’s Charleroi, Pennsylvania plant for about 60 years, first by its predecessor Corning and then by World Kitchen, using rigorous quality control and manufacturing standards. Consumer Affairs knew this before publishing the posting.

Contrary to the unsupported and unsubstantiated speculation of the experts who contributed to the article, World Kitchen’s manufacturing process, including the thermal tempering process, and specifications for Pyrex glass bakeware are the same as those utilized by Corning for decades prior to World Kitchen’s purchase of the business in 1998. The claim that in 1998 World Kitchen changed the composition of Pyrex is false.

2. Contrary to what Consumer Affairs Says, Pyrex Glass Bakeware is Properly Tempered.

According to Consumer Affairs’ August 20 Pyrex posting:

• “The four glass experts ConsumerAffairs.com consulted for this story agreed that the most likely reason the dishes are exploding is that they are not made from the type of glass, known as borosilicate, that they said was originally used in Pyrex dishes.”
• “Glass experts consulted for this story say the glass used in today’s Pyrex products may not be tempered properly, making it more likely to explode than products sold under the Pyrex label in the UK and some other European countries.”
• “Tempered soda lime is not designed to withstand extreme temperature changes the way borosilicate is.” Statement attributed to Dr. Delbert Day.
• “Borosilicate has a lower thermal expansion coefficient than soda lime. It is less likely to break during thermal shock.” Statement attributed to Dr. Day.

These unsupported and unsubstantiated statements included in Consumer Affairs’ posting communicate the false and damaging message that Pyrex’s soda lime glass that has been heat strengthened, through a thermal tempering process, is an inferior composition to that of borosilicate glass sold under the Pyrex brand in some European countries. That is simply not true. In fact, as Consumer Affairs and Mr. Enoch are well aware, as compared to borosilicate glass bakeware, heat strengthened, or tempered, soda lime glass such as that used to make Pyrex glass bakeware is significantly more resistant to impact breakage and comparably resistant to breakage caused by severe temperature differential (“thermal downshock”).

Pyrex glass bakeware sold in the U.S. is heat strengthened, through a thermal tempering process, to achieve an appropriate balance between increased mechanical strength (i.e., to withstand impact and thermal downshock) and energy expended upon breakage (i.e., to control the number of pieces and dynamism should breakage occur). Pyrex’s exemplary safety record confirms that this balance has been appropriately struck. Unsubstantiated consumer reports of glass bakeware breakage from any cause, including incidents that involve misuse or another manufacturer’s brand, represent only a tiny fraction of a percent of the Pyrex glass bakeware in an estimated 80% of U.S. homes. Further, reports of glass bakeware breakage filed with the CPSC have markedly declined in recent years. Since 1998, World Kitchen has manufactured more than 390 million units of Pyrex glass products.

3. Consumer Affairs Ignores the Scientific Fact that Pyrex Glass Bakeware is Tempered Differently than Flat Glass.

According to Consumer Affairs’ August 20 Pyrex posting:

• “Dr. Richard Bradt, professor of engineering at the Department of Metallurgical and Materials Engineering at the University of Alabama, said Pyrex bakeware products he examined were not tempered at all. ‘When they broke, they broke like untempered, or un-heat-strengthened glass,’ Bradt said.”
• “There were no fringes, indicating no tempering … It's cutting out 50 percent of their manufacturing (cost). I don't want to say they don't temper any of it. (But) the ones I've seen — three different sizes — were not tempered.” Statement attributed to Dr. Steve Frieman.
• “[Hank Chamberlain] said that the dishes were tempered, but not evenly. ‘There's quite a bit of inconsistency within the pieces,’ he said.”
• “It's absolutely certain that they have less core tension, and therefore less residual surface compression, than fully tempered glass.” Statement attributed to Mr. Chamberlain.

The Pyrex posting misleads and alarms consumers by utilizing statements and quotes from “experts” improperly contrasting Pyrex glass bakeware to so-called “fully-tempered” glass (i.e., glass having a surface compression > 10,000 psi). These experts (e.g., Drs. Bradt and Frieman, and Mr. Chamberlain) appear to misunderstand (or intentionally fail to acknowledge) the critical difference between fully tempered flat glass applications, such as glass doors, and heat strengthened three-dimensional consumer kitchen products, such as glass bakeware. This misunderstanding (or omission) of facts regarding various types of glass and the degrees of heat strengthening appropriate for each appears to have resulted in these experts incorrectly expecting to witness the breaking into small cubes, or “dicing,” that would result when fully tempered flat glass breaks, as opposed to a situation where a three dimensional consumer glass bakeware product breaks. Because it is not fully tempered, heat strengthened soda lime glass bakeware does not dice.

Fully tempered glass is a unique kind of glass that is found in automobile side windows, glass doors and other flat glass applications. Fully tempered glass is not used in Pyrex glass bakeware – or any other glass bakeware – because when breakage of fully tempered glass occurs, it results in a far greater number of small, sharp pieces and splinters that would be thrown further and with more force than would result from glass that is appropriately heat strengthened for kitchen use. All glass can break. As a result, in designing glass bakeware, it is imperative to strike an appropriate balance between increased mechanical strength and the energy expended upon breakage.

Consistent with their confusion between flat glass applications and consumer glass bakeware applications, Consumer Affairs’ experts wrongly expect to find uniform heat strengthening across the ware. Given the three-dimensional nature of consumer glass bakeware, it is not possible to have the identical degree of heat strengthening at all points on a given dish.

4. Contrary to what Consumer Affairs Says, Pyrex Glass Bakeware is Durable and Impact Breakage is an Important Safety Consideration.

According to Consumer Affairs’ August 20 Pyrex posting:

• “Tempered soda lime is not necessarily more resistant to mechanical breakage. That toughness only exists in unchipped and unscratched tempered glass. In a kitchen environment, it should not be relied upon.” Statement attributed to Mr. Hank Chamberlain.
• “Both Chamberlain and Day said that even if the glass is tempered when purchased off of store shelves, it’s likely the glass would lose its temper when used in the oven.”
• “Impact resistance is not the valid issue . . . We’re not having trouble with people dropping these things on the tile floor and cutting their toes. We’re having trouble with people taking them out of the oven and having them blow up and put scalding food on them.” Statement attributed to Mr. Chamberlain.

The Consumer Affairs experts falsely contend that the durability of Pyrex glass bakeware does not withstand exposure to kitchen oven heat and scratches accumulated through ordinary use and wear. These concerns are unwarranted. In fact, at temperatures below 900 degrees Fahrenheit (i.e., a temperature that is far higher than that used in cooking), there is no risk that Pyrex glass bakeware loses the strength imparted by its thermal tempering process. Therefore, it is false and highly misleading to claim that “violent explosions” could result from a loss of heat strengthening that, in fact, only occurs at baking temperatures that are not reachable in American kitchens.

In addition, the Consumer Affairs’ posting misleads consumers into believing that scratches consistent with ordinary use and wear render Pyrex glass bakeware unreliable for kitchen use. In fact, the strength imparted to Pyrex glass bakeware by World Kitchen’s thermal tempering process extends into the body of the glass bakeware beyond the depth of scratches that are typical of everyday glass bakeware use. Pyrex glass bakeware typically is used repeatedly and safely over many years by consumers, as is reflected in our excellent safety record.

The Pyrex posting does readers a disservice by conveying the false impression that breakage due to thermal downshock is a more significant risk to users of glass bakeware than is breakage due to impact. Quite the contrary, the statement in Consumer Affairs’ posting that “impact resistance is not the valid issue” because “[w]e’re not having trouble with people dropping these things” is disproved by the injury reports collected by the authoritative National Electronic Injury Surveillance System (NEISS) database. These data show consumers are more likely to be injured by dropping glass bakeware than by breakage apparently caused by thermal downshock (i.e., incidents that reference an unexplained “shattering” or “explosion” of glass bakeware). The NEISS database, used by product safety experts and analysts to assess the risk of injury associated with consumer products, shows that over the past five years there have been zero to three (0-3) unsubstantiated reports per year of glass bakeware (by any manufacturer) “shattering” or “exploding.” Glass bakeware is an extraordinarily safe product when used in accordance with safety and usage instructions.

As further evidence of Pyrex’s durability and excellent performance in the kitchen, World Kitchen and Pyrex have recently received unsolicited endorsements and awards. For example, Cook’s Illustrated has rated the Pyrex 13 x 9 baking dish as its “Favorite Pan” for two consecutive years (2007, 2008) and Cooking Pleasures of the Cooking Club of America, representing 500,000 cooks, tested the Pyrex baking dish and gave it a 98% approval rating and Seal of Approval in 2008.

5. Consumer Affairs Misrepresents the Differences between Soda Lime and Borosilicate Glass Manufacturing, and Ignores the Damaging Environmental Implications of Borosilicate Glass Manufacturing.

According to Consumer Affairs’ August 20 Pyrex posting:

• Soda lime is less expensive to produce than a borosilicate glass…It can take a higher temperature to melt the [borosilicate] composition.” Statement attributed to Dr. Day.

As noted above, soda lime glass that has been heat strengthened by a thermal tempering process is by no means an inferior composition for consumer glass bakeware relative to borosilicate glass. Yet, Mr. Enoch’s misleading characterization of the two compositions goes beyond even performance characteristics, by implying that because it costs more to manufacturer, borosilicate is better for kitchen use. In fact, the greater amount of energy needed to melt borosilicate, and the higher raw material cost of borosilicate, have nothing whatsoever to do with the performance and fitness of heat strengthened soda lime glass bakeware for its intended use in the kitchen. Put another way, the melting temperature necessary to manufacture Pyrex glass bakeware has no bearing on the bakeware’s ability to withstand temperatures consumers use in kitchens.

Consumer Affairs and Mr. Enoch also ignore the fact that, in comparison to the manufacture of borosilicate glass, the manufacture of tempered soda lime glass offers significant environmental benefits. Tempered soda lime glass requires less energy (lower temperature) to produce, results in fewer harmful emissions during production and is more recyclable than borosilicate glass. To our knowledge, all glass bakeware made for consumer use in the U.S. is made from soda lime glass.

6. Consumer Affairs Falsely Attributes Statements to World Kitchen that Were

Never Made.

According to Consumer Affairs’ August 20 Pyrex Posting, World Kitchen’s Vice President, Bryan Glancy, said:

“Tempered glass has been cooled in a way that makes it shatter into small, relatively harmless cubes, rather than large, dangerous shards – and that’s one of the major arguments [World Kitchen Vice President Bryan] Glancy made, writing that when Borosilicate glass breaks, it yields large shards.”

All World Kitchen communications with Consumer Affairs have been written and the record shows that neither Mr. Glancy nor anyone else at World Kitchen made those statements. Consumer Affairs is also wrong when it claims that World Kitchen “blamed” consumers in “every known case” of breakage reported to the company. World Kitchen recognizes that glass breaks and that broken glass of any size is sharp and could cause injury. That is precisely why World Kitchen provides comprehensive and effective safety and usage instructions with all the products it sells. These safety and usage instructions provide effective warnings against consumer misuse that could result in breakage and injury. World Kitchen’s safety and usage instructions are also available at its www.pyrexware.com website.

7. Contrary to its Name and Appearance, Consumer Affairs’ is neither a Government Agency nor a Non-Profit Organization.

In its own FAQ, Consumer Affairs acknowledges on its website that “quite often” viewers are confused about whether it is a “government site” or a “non-profit.” It is neither. The FAQ states that Consumer Affairs is a for-profit business that earns revenue solely by selling online advertising on its website. The FAQ further acknowledges that Consumer Affairs is “hooked up with lawyers.”

Consumer Affairs also states that viewers may regard the website as “terribly unfair and one-sided” because its role is to post “mostly complaints.” According to the FAQ, Consumer Affairs is not obligated to investigate the accuracy of the comments posted on the website.

These stated views of Consumer Affairs run counter to the accepted codes of ethics of journalism, which set fairness and accuracy as the standards for professional journalists. Examples of such ethical guidelines can be found at www.spj.org/ethicscode.asp and at http://www.asne.org/index.cfm?id=387.

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