Environmental Law › Consumer Protection

California Governor Proposes Reforms to Proposition 65, Seeks To Prevent Abuse of Statute by "Unscrupulous Lawyers"

California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the...more

Earth Matters - April 2013: Update on Federal Trade Commission Guides for Green Marketing

In the August 2010 issue of the Earth Matters newsletter, we provided recommendations for incorporating transparency into “green” marketing efforts based on the “Guides for the Use of Environmental Marketing Claims” (the...more

Burning Questions: Furniture and Baby Supply Industries Hit With Prop. 65 Notices for Newly Banned Flame Retardant TDCPP

What started as an effort to make upholstered products safer for consumers has apparently backfired on the furniture and baby supply industries. In the past four months since Proposition 65 (Prop. 65) action has been allowed...more

California’s New “Safer Consumer Products” Law – Prop. 65 on Steroids

For companies struggling to understand or contend with Proposition 65 (Prop. 65) litigation, things are about to get even more complicated in California with the soon-to-be-finalized regulations implementing the “Safer...more

States Consider Legislative Proposals Regulating Toxic Chemicals in Consumer Products

There is high and growing concern among the general public regarding adverse health effects from exposures to toxic chemicals in consumer products, especially from exposures to children. These concerns initially came to a...more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

CWP 4750 of 2013 [Hemant Goswami vs. Union of India]

PIL - Ban Identified Carcinogens

The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more

EU Environment Report - March 2013

In This Issue: *Chemicals: - European Chemicals Agency consults on ten new substances for REACH candidate list - European Food Safety Authority publishes its 2013 work plan - European Food Safety...more

Episode 91 – Michael Funk Discusses Labeling Foods Containing GMOs March 14, 2013

In Episode 91 of The Wendel Forum (originally aired on March 9, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Michael Funk. Funk is a...more

Eco-Friendly Product? Be Careful How You Advertise It

Everyone is “going green.” From recycling to reduced packaging, consumers want products they perceive to be environmentally friendly. But what do those “green” claims really mean? ...more

FTC Approves First Settlement Under Revised Green Guides

The Federal Trade Commission March 6, 2013, approved final orders C-4385 and C-4386 settling charges that two paint manufacturers made false and unsubstantiated claims that some of their paints contained zero volatile organic...more

EU Environment Report - February 2013

In This Issue: *Chemicals: - Commission concludes that the REACH Regulation has brought significant improvements - Commission releases roadmap on SVHCs - ECHA publishes additional list of substances for...more

States Moving Forward With Chemical Reporting Laws, Creating Confusion for Businesses

As part of the recent “Green Chemistry” push, numerous states have considered or enacted laws mandating companies selling products there, predominantly children’s products, report to these state agencies data about the...more

California Marching Toward Adoption of Green Chemistry Regulations

More than two years behind schedule, with no one apparently satisfied with the form of its regulations, the California Department of Toxic Substances Control (DTSC) appears to be taking the final steps toward adopting its...more

How Are We Doing? The Mercury Story

The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more

States Move Forward With ‘Green Chemistry’ Chemical Reporting Laws And Incur Confusion, Potentially Significant Costs in Their...

Originally published in Toxics Law Reporter on 12/13/2012. As part of the ‘‘Green Chemistry’’ craze over the last few years, numerous states across the country have considered or enacted laws mandating companies selling...more

Consumer Product Alert: California Revises Draft Green Chemistry Regulations

On January 29, 2013, California’s Department of Toxic Substances Control (DTSC) released revisions to the next generation of its proposed consumer product regulations. The draft regulations set out the details of California’s...more

Proposition 65 Activity Heats Up On Flame Retardant

Tris (1,3-dichloro-2-propyl) phosphate (TDCPP) is a chemical used as a flame retardant by the furniture industry to meet flammability standards, including California’s TB 117. TDCPP is found in the polyurethane foam used in...more

New Laws for the New Year

Nationwide, more than two hundred new laws will take effect January 1, according to Ovid attorney Steven Getman. In some states, the new laws include legalization of gay marriages and marijuana usage. In New York...more

Product Liability Advisory - November 2012: BPA Linked to Adverse Reproduction Effects in Rhesus Monkeys

A recent study published in the “Proceedings of the National Academy of Sciences” found that Bisphenol A (BPA) can adversely affect fetal development in rhesus monkeys. The study’s findings raise concerns regarding BPA...more

Green Marketing Can Turn You Blue……If You Aren’t Careful

A couple of weeks ago, the Federal Trade Commission issued its revised Guides for the Use of Environmental Marketing Claims. Colloquially referred to as the “Green Guides,” they represent the latest in FTC thinking regarding...more

So What's So Bad About Green Washing?

On October 1, 2012, the Federal Trade Commission (the “FTC”) issued its revised “Green Guides.” The FTC first issued its Green Guides in 1992 to assist marketers avoid making misleading environmental claims. These guidelines...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

In 2014, New Standards Will Govern Amounts of Lead Allowed in Certain Plumbing Fixtures

Minimizing the presence of “toxic” chemicals in products has been cited as one of the potential goals of sustainability, particularly where chemical exposure to the general population may occur. In any case, new environmental...more

An Introduction to Proposition 37: California’s Genetically Engineered Foods Labeling Initiative

On November 6, 2012, California voters will decide the fate of Proposition 37, the Genetically Engineered Foods Labeling Initiative. If the initiative passes, genetically engineered foods sold in California will have to be...more