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Get Ready Now for the Upcoming Proposition 65 Warning Requirements for DINP and Other Chemicals

With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 “bounty hunter” plaintiffs’ lawyers are eagerly awaiting. And that’s the opportunity to send out 60-Day Notice letters...more

‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,...more

Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry...more

Hazardous Chemical Users: Time to Consider Compliance with the GHS

In most Australian states, businesses involved with hazardous chemicals must comply with the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) from 31 December 2016. 'Businesses' include...more

Wrap-up of International Chemical Regulatory Developments – June 2014

NICNAS Will Hold Training And Outreach Sessions: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be conducting stakeholder training and awareness sessions in major capital cities and...more

Green Chemistry Regulatory Push Among States Continues

What began in 2008 with a few states enacting laws to address the perceived threats to children from chemicals in toys and kids’ products has become a full-fledged “green chemistry” movement in dozens of states. These laws...more

Denmark Order on Nano Products Register Enters Into Force

On June 18, 2014, Denmark’s order concerning a nano products register entered into force. The order imposes annual reporting requirements on manufacturers and importers concerning mixtures and products containing...more

Update: Vermont Legislature Passes Toxic Chemicals Bill

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate. On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of...more

Seeking (and Finding) Coverage for Proposition 65 Claims

Navigating California’s Safe Drinking Water and Toxic Enforcement Act of 1986—better known as Proposition 65—is becoming an increasingly difficult endeavor for California-based companies and companies that do business in...more

Update on California’s Green Chemistry Regulations – 3 Products in Crosshairs

California’s green chemistry law, known as “Safer Consumer Products Regulations,” is getting closer to affecting companies that do business in California. The regulations took effect on October 2013 with the goal of making...more

Update on Proposed Changes to Prop. 65 Warning Regulations – Better or Worse?

The state agency that is responsible for regulating Proposition 65 – the Office of Health Hazard Environmental Assessment (OHHEA) – continues to push forward with significant proposed revisions to the regulations. The focus...more

Proposition 65 "Reform": Consumer Protection or Litigation Stimulation?

Proposed new regulations may have unintended consequences. Despite the California governor’s call for meaningful Proposition 65 reform and a reduction in frivolous enforcement lawsuits, the California Office of...more

U.S. Customs And Border Protection Announces Three New Members Of Commercial Targeting And Analysis Center

Participating agencies jointly target commercial imports that threaten health and safety - U.S. Customs and Border Protection (CBP) announced last week that three additional Federal agencies have formally joined the...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

California Identifies the First Consumer Products for Assessment under its Safer Consumer Products Regulations

California’s Department of Toxic Substances Control (DTSC) took an important step in implementing its Safer Consumer Products program by identifying the first three consumer products that will be targeted for scrutiny. More...more

California Announces First Draft Priority Products under Safer Consumer Products Regulations

The California Department of Toxic Substances Control (DTSC) announced on March 13, 2014, the first draft Priority Products (PP) under the Safer Consumer Products Regulations (SCPR). The three draft PPs are...more

California Green Chemistry Initiative’s coming Priority Products list, and the DTSC Strategic Plan: what do they mean for you?

The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of Priority Products that will be first in the spotlight for chemical regulatory scrutiny,...more

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

Federal Court Sends Conditional Registrations of Nanosilver Pesticides Back to EPA

Swiss company HeiQ Materials proposed to use new pesticides AGS-20 and AGS-20 (U) on manufactured textiles such as clothing, blankets, and carpet. Nanosilver is used in the pesticides to suppress microbes that cause odors and...more

Green Chemistry Initiatives: An American Patchwork?

A growing number of states are passing Green Chemistry laws, e.g.; California, Connecticut, Maine, Minnesota, and Washington State. These laws present a challenge to manufacturers who distribute and sell products into the 50...more

Amendment to Prop 65 Provides Businesses a Grace Period: AB 227 Aims to Reduce Frivolous Lawsuits and Excessive Penalties

Gov. Brown recently signed Assembly Bill 227 into law, which amends California's Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65. Prop 65 provides that businesses may not expose...more

California’s Green Chemistry Puts Burden on Manufacturers

California is one of the largest consumer markets in the United States. When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and...more

Cocamide-DEA Causing Prop. 65 Headaches for Personal Care Products Companies

When Proposition 65 (Prop. 65) warning requirements took effect for a common ingredient in shampoo and skincare products this past June, the plaintiffs’ bar took notice. To date, 29 notices of violation have issued to dozens...more

New Green Chemistry Regulations Now in Effect But Not Yet Enforceable

California’s aggressive new green chemistry regulations went into effect on October 1, starting a chemical listing process that will lead to strict reporting requirements by next spring. The “Safer Consumer Products”...more

California Passes Landmark Green Chemical Laws

On August 28, 2013 the California Office of Administrative Law (“OAL”) approved California Department of Toxic Substances Control’s (“DTSC”) Safer Products Regulations. These regulations will go into effect on October 1,...more

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