Yup... have to show harm. Good thing is there is plenty of evolving parallel case law and precedent.
Court determines military burn pits caused lung disease in service members | Fox News
Also, if they got some of JB’s internal emails via subpoena, that could help them too. I saw they are using the “tobacco industry defense” that these “odors” are common and at “levels that are not harmful”. Yes, I know this was a smoke incident vs. the typical bleed air issue, but the root cause is the same.
One only needs to research Aerotoxic Syndrome to get a preponderance of research on the matter. There are more synthetic oil combustion products than just TCP.
https://en.m.wikipedia.org/wiki/Aerotoxic_syndrome
The worst part is that you could be a world class triathlon winner then suddenly die from this stuff. The second and third order effects are quite difficult to trace but very real. People may ridicule California (including me) but their hazardous chemical warnings in airports are based on science. Jet fuel, hydraulic fluid, cleaning fluids, oil (dinosaur and synthetic), rain repellant (except for the Airbus kind), fire retardants, etc. are all toxic to us at the metabolic and genetic level. Personally, I don’t buy the arguments that there is nothing else available. Nothing is stopping manufacturers and air carriers from doing the R&D (think airbags).
This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.