Consumer Protection Environmental

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Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List

Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”)...more

Attention Home Improvement Contractors: CA Bill Singles Out Solar Contractors

California Assembly Bill 2699 (Gonzalez) is a bill to watch if you are a home improvement contractor that solarinstalls solar energy systems or, for that matter, a contractor in California. AB 2699 would, among other things,...more

Volkswagen proposes a settlement agreement with the U.S. Department of Justice. Judge Breyer sets a June 21 deadline for a...

Tris Coffin heads the Vermont Volkswagen Class Action litigation team at DRM that also includes Directors Bob Luce and Marc Heath. On the evening of April 20, a number of news outlets published stories that Volkswagen...more

Product Regulations: What You Don't Know Can Hurt You - and Could Destroy Your Business

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC

The NAD recently referred certain green marketing claims made by LEI Electronics Inc. (LEI) regarding its Eco Alkalines batteries to the FTC after the company stated it would not comply with the NAD’s decision and...more

OEHHA Proposes New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has released another draft of its proposed amendments to the Proposition 65 warning regulations. This is the third draft OEHHA has released for public...more

The District of Columbia and Washington State Pass Back-to-Back Bans on Flame Retardants

The District of Columbia and the state of Washington recently enacted laws banning the use of listed flame retardants in certain products, ranging from children’s products and residential upholstered furniture in Washington...more

Advertising with Environmental Certifications and "Green" Seals of Approval

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

Grace Period Ends Soon for California Companies with Products Containing BPA

On May 11, 2016 products that contain Bisphenol A (BPA) manufactured, sold or distributed in California, without a proper warning, will be fair game for a Notice of Intent to Sue issued under the state’s Safe Drinking Water...more

OSTP Blog Item Notes Recent Reports Highlighting Continued Federal Commitment To NanoEHS

The Office of Science and Technology Policy (OSTP) posted on April 11, 2016, a blog item, authored by Lloyd Whitman, OSTP, and Dr. Treye Thomas, Consumer Product Safety Commission (CPSC), entitled “Supporting Responsible...more

Prop. 65 Warning Requirement for BPA Takes Effect May 11

The California Proposition 65 warning requirement for Bisphenol-A (BPA) takes effect on May 11, 2016. After May 10, products that contain BPA sold in California without a Prop. 65 warning could subject retailers,...more

I See a Prop 65 Label On This Product, But What Does It Mean? New California Website to Explain

At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products...more

NNCO Announces Availability Of QEEN Workshop Report

On March 28, 2016, the National Nanotechnology Coordination Office (NNCO) announced the release of a report entitled Quantifying Exposure to Engineered Nanomaterials (QEEN) from Manufactured Products: Addressing...more

Important Developments for Prop 65 Application to BPA

California’s Office of Environmental Health Hazard Assessment takes action to address BPA exposures and upcoming warning requirements under Proposition 65. On March 17, California’s Office of Environmental Health Hazard...more

Prop 65 Regulatory Activity Raises New Compliance Questions for Industry

Summary: This post explores recent developments in California under Prop 65, including programmatic changes, new chemical listings, and related litigation. Companies that operate in California should be aware of these...more

States Consider Over 60 Bills Regulating Chemicals in 2016

Although legislation to overhaul the Toxic Substances Control Act (TSCA) is under near-final consideration, states continue to consider restrictions on chemicals. In the absence of TSCA reform, over 20 states are considering...more

Evolving State Green Chemistry Initiatives

States continue to enact new laws and implement a diverse array of programs and requirements seeking to regulate the manufacture, sale, and use of chemicals in products. Some state requirements have a narrow scope limited to...more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Deadline Approaching for Prop 65 Compliance for Bisphenol A

Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from January 15, 2015 – February 15, 2016. LAR is quickly embracing consumer-right-to-know initiatives through a host of new proposed labeling and product claims standards....more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

Coalition Challenges National Marine Fisheries Service Rules for Regulating Offshore Aquaculture in the Gulf of Mexico

On February 12th, a coalition led by the Center for Food Safety filed suit in the U.S. District Court for the Eastern District of Louisiana challenging the National Marine Fisheries Service’s (“NMFS”) final rule implementing...more

Agencies Engaged in Federal Biotech Overhaul to Host Final Two Public Sessions in March

After hosting the first of three stakeholder meetings late last year, federal government agencies engaged in overhauling the 1986 Coordinated Framework for the Regulation of Biotechnology recently announced that meetings two...more

Danish EPA Assesses Nano-Enabled Technologies in Cosmetics

On February 16, 2016, the Danish Environmental Protection Agency (Danish EPA) posted a report entitled Assessment of Nano-enabled Technologies in Cosmetics. The report reviews the available literature on nano-enabled...more

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

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