A new framework of fees to cover the costs of implementing the provisions of the 2016 amendments to the Toxic Substances Control Act (TSCA) will go into effect October 1st, under a final rule issued yesterday by EPA. The...more
Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2018 Conference …. the largest annual assemblage dedicated to the cottage industry that is California’s “Proposition 65.”...more
After almost a decade of neglect, EPA is once again actively encouraging facilities to utilize the agency’s Audit Policy to “address noncompliance in an efficient and timely manner.” Over the last several months, EPA has...more
Today, August 30, 2018 … marks the date that the 2016 amendments to the warning requirements of California Proposition 65 go into full effect. This brings to a close the two year phase-in period for the new “safe harbor”...more
The headlines read like something out of The Onion, but both the U.S. National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) are undertaking reviews to assess whether working at night...more
The European Union (EU) is about to dramatically expand the reach of mandatory chemical disclosure requirements for consumer products. The European Chemicals Agency (ECHA) announced recently that it is preparing to launch,...more
Historically, the bulk of Prop 65 actions have come from plaintiff attorneys sending waves of people into retail stores in California to purchase and then test products for possible exposures to listed chemicals. This...more
“Science and the scientific process must inform and guide decisions … The public must be able to trust the science and the scientific process informing public policy decisions.”...more
In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling that Proposition 65 cancer warnings for acrylamide were preempted by federal policy encouraging...more
The REACH Committee of the EU Commission agreed on July 11 to advance a proposal that would restrict the presence of four phthalates (DEHP, DBP, BBP, DIBP) in products placed on the market. The proposed restriction would...more
We are seven weeks away from the California Proposition 65 amendments adopted in 2016 going into full effect, including substantial changes to the wording and format for providing warnings, new guidance on providing warnings...more
Thousands of companies that sell chemical products online should pay close attention to a new EU enforcement initiative aimed at the apparent widespread failure to disclose health and safety hazard information to consumers...more
Reversing course from an Obama-era EPA agreement to initiate a rulemaking to impose spill prevention, countermeasure and control (SPCC) requirements for hazardous substances, EPA announced on June 19th that it believes that...more
Responding quickly to a landmark court ruling requiring coffee sold in the state to bear a Proposition 65 warning label, California has initiated a proposed rulemaking to clarify that exposure to acrylamide and other...more
EPA released on June 1 the “problem formulation” documents for the first 10 chemicals for which risk evaluations are being conducted under the amended Toxic Substances Control Act (TSCA). The documents describe the chemical...more
The NAD recently analyzed whether Petmate had adequate substantiation to support claims that certain cat litter pans had “built-in antimicrobial protection” and that they could “inhibit bacteria growth.” Although the decision...more
The U.S. Environmental Protection Agency ("EPA") is pursuing plans to address the unique challenges faced by retailers in complying with the waste handling regulations of the Resource Conservation and Recovery Act ("RCRA")....more
Several substances used as ingredients for cosmetic and other consumer products will be evaluated for possible regulatory action in the European Union in the next three years.
On 27 October 2016, the European Chemicals...more
California’s Office of Environmental Health Hazard Assessment (“OEHHA”) recently finalized substantial amendments to the regulations governing the provision of warnings required by “Proposition 65” (a/k/a the “Safe Drinking...more
The U.S. Environmental Protection Agency (EPA) has launched the first effort under the recently amended Toxic Substances Control Act (TSCA) to restrict or ban a chemical. The new proposed rule, which was sent for Office of...more
The nation’s primary law for managing chemicals, from manufacture to their use in a wide array of consumer and commercial products, is set for a fundamental transformation now that Congress has passed, and President Obama...more
May 11, 2016. A day that may live in California Proposition 65 infamy. The date marks the one –year anniversary of the listing of Bisphenol A (BPA) as a reproductive toxicant under Proposition 65, and the expiration of the...more
Last month, the Occupational Safety and Health Administration (“OSHA”) announced a settlement agreement resolving all citations issued nationwide against Dollar Tree locations. The enforcement action reflects a continuation...more
Last month, the U.S. Environmental Protection Agency (“EPA”) launched its new eDisclosure Portal for electronic self-disclosures of violations made under the Audit Policy and the Small Business Compliance Policy...more
Businesses in California have been thrown another curveball in following developments related to the state’s Proposition 65, the much-criticized statute requiring prolific warnings of exposure to toxic substances and fueling...more