Asbestos brake pads are NOT illegal in the US, according to the EPA[0]. I have not been able to find any evidence that asbestos brake particulate is safe[1].
There are numerous places online saying that most brake pads no longer use asbestos, particularly OEM brake pads. Though I can't find any numbers to back this up. Also, I have no idea how carcinogenic the replacement materials are; I hope they are less dangerous than asbestos.