Environmental Consumer Protection Administrative Agency

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EPA and FDA Sign Memorandum of Understanding to Share Data

The U.S. Environmental Protection Agency (EPA) and the U.S. Food and Drug Administration (FDA) have executed a Memorandum of Understanding (MOU) on Information Sharing regarding the sharing of data and other confidential...more

FTC Fails to Prove Green Guides' Meaning of "Biodegradable"

In an Initial Decision announced February 6, 2015, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) held that ECM BioFilms, Inc. d/b/a Enviroplastics International (“ECM”) made false...more

NRDC Files Petition for Review To Ban Flea Collars and Pet Products Containing Pesticides

On January 5, 2015, the Natural Resources Defense Council (NRDC) filed a petition for review in the U.S. Court of Appeals for the Ninth Circuit challenging the November 6, 2014, decision of the U.S. Environmental Protection...more

House Committee Hearing Debates "GMO" Labeling Bill

On December 10, 2014, the U.S. House Energy & Commerce Subcommittee on Health held a hearing on Examining FDA's Role in the Regulation of Genetically Modified Food Ingredients. The witnesses included Michael Landa, Director...more

Setting fees for use of federal dams

Federally owned dams and other structures can create opportunities for private development of hydropower facilities, in exchange for a fee. While fees charged to hydropower developers for using federally owned dams will...more

Work Plan Signals Expanded Calif. Green Chemistry Program

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work...more

New Structure of Kazakhstan’s Government

On 6 August 2014 the President of the Republic of Kazakhstan issued Decree on reorganization of the Government (the “Decree”). The Decree envisages integration of ministries or certain authorities of theirs into one...more

Industry Critical of Proposed Prop 65 Regulations

The California Office of Environmental Health Hazard Assessment’s (OEHHA) 2014 proposed regulations to revise Proposition 65 warnings has been widely panned by industry critics. The overhaul was requested by Governor...more

FDA Updates to Nutritional Label and Serving Sizes

On June 26, 2014, the U.S. Food and Drug Administration (FDA) held a public meeting to discuss the proposed changes to the nutrition label and serving sizes. The meeting was attended by interested parties both in Washington,...more

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks

In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not...more

Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

Thomas Jefferson once famously warned that, “The natural progress of things is for liberty to yield and government to gain ground.” In the current political climate, this certainly seems to be the case. Businesses are being...more

Drinking Water Standards: How Fast is Fast Enough to Finalize the Chromium-6 MCL?

The race to adopt a final primary drinking water standard for hexavalent chromium ("Cr-6") is on. Exactly how long the California Department of Public Health ("DPH") has to complete its work to finalize the Cr-6 maximum...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

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

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

California Green Chemistry Initiative Update

On July 27, 2012, the California Department of Toxic Substances Control (DTSC) issued the latest draft of its proposed Safer Consumer Products Regulations. The regulations set forth the DTSC’s plan for finding safe...more

Next Generation of Consumer Product Rules: California Issues Draft Green Chemistry Regulations

On July 27, 2012, following a series of contentious administrative hearings, California’s Department of Toxic Substances Control (“DTSC”) finally released its proposed green chemistry regulations for public notice and...more

California Proposes (Again) Safer Consumer Product Regulations

On July 27, 2012, the California Department of Toxic Substances Control (DTSC) formally re-proposed its Safer Consumer Products regulations, aka the Green Chemistry Regulations. A public hearing will be held on September 10,...more

Flame Retardant Commonly Used in Furniture Added to Proposition 65 Chemical List

The chemical commonly known as “TDCPP” or “Tris” [Tris(1,2-dichloro-2-proply) phosphate)] is commonly used as a flame retardant in home furnishings (couches, chairs, pillows, and ottomans) as well as automotive products (seat...more

Revising Flammability Standards to Reduce Flame Retardants in Furniture

On June 18, 2012, Governor Brown directed the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (“Bureau”) to recommend changes to California’s four-decade-old flammability standard for...more

EU Environment Report - April 2012

In this issue: - Chemicals ..New ban on cadmium in batteries proposed by EC ..Commission review of nanosilver ..Sweden considers new BPA ban for children’s food packaging ..Dry cleaning activities to be...more

Proposition 65 Private Party Settlement Guidance Provides Clarity and a Limitation on Releases in the Public Interest

In January, the Attorney General released a guidance document that details what the state will and will not approve in future private Proposition 65 lawsuit settlements. This guidance provides clarity to both plaintiffs and...more

Broad Scope and Impact of California “Green Chemistry” Regulations

New draft “Green Chemistry” regulations released by California’s Department of Toxic Substances Control are expected to impose substantial requirements on manufacturers, importers and retailers nationwide of a number of...more

UK Electricity Market Reform: An Update – Capacity Market

In our August Alert "UK Electricity Market Reform - what does it mean for future generation projects?" we reviewed the UK Government's proposals, as set out in an energy White Paper1, to achieve its commitment to "transform...more

The Lion Has Roared: Proposition 65 Settlements and the Attorney General

California’s Proposition 65 permits “private enforcers” to send Notices of Violation and bring lawsuits on behalf of the “public interest” where they purport to find trace amounts of banned chemicals at elevated levels in...more

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