Environmental Law, Consumer Protection, Commercial Law & Contracts

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

by Jonathan Lee | Sedgwick LLP on 4/23/2013

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

by Dennis Raglin | Sedgwick LLP on 4/23/2013

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

by Peter Sergienko | Davis Wright Tremaine LLP on 4/19/2013

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

EU Environment Report - March 2013

by Jacquelyn F. MacLennan | White & Case LLP on 4/2/2013

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

EU Environment Report - February 2013

by Jacquelyn F. MacLennan | White & Case LLP on 3/8/2013

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

by Dennis Raglin | Sedgwick LLP on 3/5/2013

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

by Jon Costantino, Peter Duchesneau | Manatt, Phelps & Phillips, LLP on 2/21/2013

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

Proposition 65 Activity Heats Up On Flame Retardant

by Orrick, Herrington & Sutcliffe LLP on 1/24/2013

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

Proposed “Safer Consumer Product Regulations”

by Robert Freedman - Partner at Tharpe & Howell,... on 10/5/2012

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

by Pepper Hamilton LLP on 9/21/2012

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

by Morrison & Foerster LLP on 9/14/2012

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

Proposed “Safer Consumer Product Regulations”

by Peter Bauman - Senior Associate at Tharpe &... on 8/27/2012

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

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

by Morrison & Foerster LLP on 7/31/2012

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

by Manatt, Phelps & Phillips, LLP on 7/30/2012

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

by Sheppard Mullin Richter & Hampton LLP on 7/6/2012

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

Upstate New York Landowners Can Renegotiate Natural Gas Leases Under New Agreement

by Steven Getman on 6/20/2012

Attorney Steven Getman reports that Chesapeake Appalachia, L.L.C. will allow over 4,400 landowners who were locked into potentially unfavorable natural gas leases the opportunity to renegotiate with the energy company. As...more

Broad Scope and Impact of California “Green Chemistry” Regulations

by McDermott Will & Emery on 12/23/2011

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

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

by Buchalter Nemer on 12/9/2011

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

California Publishes New Draft of Informal Green Chemistry Regulations

by Dechert LLP on 11/15/2011

Yesterday the California Department of Toxic Substances Control (DTSC) convened a Green Ribbon Science Panel (GRSP) to continue work on the state's Green Chemistry initiative. Readers may recall from previous posts that...more

California Revives Green Chemistry Initiative With Draft Program Regulations

by Morrison & Foerster LLP on 11/10/2011

The newly released Oct. 31 draft of California’s Green Chemistry regulation makes substantial changes to earlier draft regulations by the state’s Department of Toxic Substances Control that had come under intense criticism,...more

Consumer Product Alert: California Revives Green Chemistry Initiative with Draft Regulations that Impact Manufacturers, Importers,...

by Morrison & Foerster LLP on 11/3/2011

After a failed attempt last year that sent state regulators back to the drawing board, California is pushing forward with its own regulation of chemicals in consumer products. On October 31, 2011, the California Department of...more

McAfee & Taft RegLINC - July 2011: Significant new use rule for multi-walled carbon nanotube By Jared Burden

by McAfee & Taft on 7/7/2011

As of June 6, 2011, the EPA began enforcing a significant new use rule for the chemical substance generically known as multi-walled carbon nanotubes (“MWCNT”). This new regulation is limited to those nanotubes which were the...more

Retailers and Consumer Product Makers Beware: California Imposes New Restrictions on VOCs in Cleaners, Lubricants and Insecticides

by Morrison & Foerster LLP on 11/24/2010

California’s air pollution rules for consumer products—always a trap for the unwary out-of-state business— just got tougher. On November 18, 2010, the California Air Resources Board (“CARB”) adopted revisions to its Consumer...more

CFTC Seeks Comment Regarding Agricultural Swaps

by Katten Muchin Rosenman LLP on 10/7/2010

The Commodity Futures Trading Commission has published an Advanced Notice of Proposed Rulemaking seeking public comment regarding the appropriate regulatory treatment of agricultural swaps. The Dodd-Frank Wall Street...more

EPA Decision Highlights Risks to Retailers Under FIFRA

by Manatt, Phelps & Phillips, LLP on 9/17/2010

A United States Environmental Protection Agency ("EPA") administrative judge levied $409,490 in penalties against California-based retailer 99¢ Only Stores for selling pesticidal products that were either not registered with...more

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Environmental Law › Consumer Protection › Commercial Law & Contracts

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

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

States Consider Legislative Proposals Regulating Toxic Chemicals in Consumer Products

EU Environment Report - March 2013

EU Environment Report - February 2013

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

California Marching Toward Adoption of Green Chemistry Regulations

Proposition 65 Activity Heats Up On Flame Retardant

Proposed “Safer Consumer Product Regulations”

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

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

Proposed “Safer Consumer Product Regulations”

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

California Proposes (Again) Safer Consumer Product Regulations

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

Upstate New York Landowners Can Renegotiate Natural Gas Leases Under New Agreement

Broad Scope and Impact of California “Green Chemistry” Regulations

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

California Publishes New Draft of Informal Green Chemistry Regulations

California Revives Green Chemistry Initiative With Draft Program Regulations

Consumer Product Alert: California Revives Green Chemistry Initiative with Draft Regulations that Impact Manufacturers, Importers,...

McAfee & Taft RegLINC - July 2011: Significant new use rule for multi-walled carbon nanotube By Jared Burden

Retailers and Consumer Product Makers Beware: California Imposes New Restrictions on VOCs in Cleaners, Lubricants and Insecticides

CFTC Seeks Comment Regarding Agricultural Swaps

EPA Decision Highlights Risks to Retailers Under FIFRA

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