A Brief Review: The Main Features of the Case
The company at issue: H. B. Fuller Company of St. Paul, Minnesota
A specialty chemicals manufacture with a large presence in Central and South America (through their wholly owned subsidiary, Kativo Chemical Industries, S.A.), most widely known by their Adhesive Division and related products.
The item at issue: Resistol
An industrial-strength, fast-drying, solvent-basted liquid adhesive manufactured by H. B. Fuller Company. Purchased and used by small shoe and clothing manufactures, leatherworkers, woodworkers, carpenters, and repair shops typical of the Central and South American region.
The people at issue:
1. Poor street children in four of the poorest countries of Central American-Guatemala, Honduras, Nicaragua, and El Salvador
The item at issue: Resistol, contains certain hallucinogenic properties that are being used by street urchins and the destitute (children) of Central American countries as a mood-altering drug.
2. Humberto Larach
Regional executive of H. B. Fuller Company’s wholly owned subsidiary, Kativo Chemical Industries, S.A. and the individual responsible for dictating and deciding upon company policy in the region.
Other relevant facts:
– Resistol is not the only (adhesive) substance abused by Central and South American children.
– Resistol (at the date of the case) enjoyed a market leading 80% share of the Central and South American adhesive market.
– In 1986 a committee of local religious and social leaders was formed by a Peace Corps volunteer in Honduras disturbed and angered by the situation.
– The National Assembly of Honduras passed a law mandating the use of allyl isothiocyanate in all solvent-based adhesives sold in the country.
– Senior executives at H. B. Fuller commissioned a study by a large international consulting firm that reached seven major conclusions regarding the use of allyl isothiocyanate, all of which were unfavourable.