Evolving State Green Chemistry Initiatives

Beveridge & Diamond PC

States continue to enact new laws and implement a diverse array of programs and requirements seeking to regulate the manufacture, sale, and use of chemicals in products.  Some state requirements have a narrow scope limited to particular chemicals or products (e.g., children’s products), whereas others, such as California, have instituted comprehensive regulatory frameworks that govern the use of chemicals in a broad range of products.  Amidst all of this state activity, Congress is nearing passage of a bill that would overhaul the federal Toxic Substances Control Act (TSCA) and strengthen the national program for reviewing and regulating chemicals.

The number of state green chemistry laws is growing.  In the past two years, Vermont and Oregon joined California, Washington, Maine, and Minnesota by adopting green chemistry laws.  The existing laws in these states authorize state agencies to regulate chemicals in products through different approaches.  Some laws simply require notification and reporting of substances, while others require alternatives analyses and authorize far-reaching restrictions.  Additional states are considering new legislation, as evidenced by the current flood of bills related to chemical restrictions in over 20 U.S. states, which are detailed in this companion report.

This report provides an update to a previous Beveridge & Diamond news alert discussing the growth of state green chemistry programs and summarizes the existing law or implementing regulations, and any recent developments, in each state.


California’s landmark green chemistry law is the most extensive state chemicals management framework in the country.  Passed in 2008, the law requires the Department of Toxic Substances Control (DTSC) to identify and prioritize chemicals of concern, and to evaluate products containing chemicals of concern to limit exposure to or reduce the hazards of the chemical in the product. 

The law applies broadly to all consumer products placed in the stream of commerce in California, which include any “product or part of the product that is used, brought, or leased for use by a person for any purposes.”  In other words, the law gives DTSC the authority to regulate any consumer or industrial product or component of any such product in the state.

After a prolonged rulemaking, DTSC promulgated the final implementing regulations–termed the Safer Consumer Products (SCP) regulations–on October 1, 2013.  The SCP regulations establish a regulatory framework with four key components:

  1. DTSC identifies a list of chemicals of concern from a broader list of candidate chemicals.  These chemicals of concern serve as the basis for selecting priority products.
  2. DTSC identifies and lists priority products that contain one or more candidate chemicals of concern.  DTSC must list priority products by rulemaking under the California Administrative Procedure Act.
  3. Responsible entities are required to notify DTSC if they produce, assemble, import, or sell a priority product, and to then conduct an alternatives analysis.  The alternatives analysis requires responsible entities to evaluate and compare a priority product and one or more alternatives to determine whether a safer, feasible alternative exists.  After conducting the alternative analysis, responsible entities must submit an Alternatives Analysis Report to DTSC.
  4. Based on the results of the alternatives analysis for the priority product, DTSC can impose a range of regulatory responses to address the hazard or potential exposure.  According to the SCP regulations, DTSC may: require additional product information for consumers; impose use restrictions on chemicals and products; prohibit the sale of a product; require engineering controls; require end-of-life management; or order funding for green chemistry research.

Since finalizing the SCP regulations, DTSC has made little progress listing priority products or moving forward with the program.  DTSC issued a draft list of initial priority products on March 13, 2014 that included the following product/chemical combinations:

  • Spray polyurethane foam systems containing unreacted diisocyanates
  • Children’s foam padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP)
  • Paint and varnish strippers containing methylene chloride

DTSC conducted a series of workshops in 2014 and accepted comments on the draft priority products.  Since the announcement of the first three draft priority products, the agency has not taken any further action or issued a proposed rule to formally list these priority products.

On April 16, 2015, DTSC released its Priority Product Work Plan, which identifies seven product categories and a list of potential chemicals that DTSC will consider when selecting priority products under the SCP program over the next three years.  The Priority Product Work Plan sends a signal to manufacturers of listed products that contain candidate chemicals.  The Work Plan does not, however, impose or introduce any new regulatory requirements.  The seven categories identified in the Work Plan include:

  • Beauty, personal care, and hygiene products
  • Building products such as paint, coatings, adhesives, sealants, and flooring
  • Household, office furniture and furnishings
  • Cleaning products
  • Clothing
  • Fishing and angling equipment
  • Office machinery

For each of these categories, DTSC identifies a list of potential chemicals or chemical classes for listing.  DTSC can, however, consider any candidate chemicals as it evaluates these product categories for listing.

On September 24, 2015, DTSC released its draft Stage 1 Alternatives Analysis Guide for public comment.  The guidance is intended to provide useful approaches, methods, resources, tools, and examples to help responsible entities conduct Stage 1 of the alternatives analysis process under the SCP regulations.  The comment period for the Stage 1 Alternatives Analysis Guide ended on November 16, 2015.  DTSC has yet to release the final Stage 1 Guide.  DTSC has also indicated it plans to release a draft of its Stage 2 Alternatives Analysis Guide in the first quarter of 2016.


Washington’s Children’s Safe Products Act of 2008 established a green chemistry program focusing on children’s products in the state.  The Act gives the Washington Department of Ecology (DOE) the authority to create a list of chemicals of high concern to children and implement a reporting program.

DOE created the first Reporting List of Chemicals of High Concern to Children in 2011.  In 2013, DOE promulgated the Children’s Safe Products–Reporting Rule, establishing a reporting system for manufacturers of children’s products containing chemicals of high concern to children.  Manufacturers of children’s products containing chemicals of high concern above the reporting thresholds must report to DOE annually.  The threshold for intentionally-added chemicals is the practical quantitation limit, and the threshold for trace contaminants is 100 parts per million (ppm).  DOE publishes a report compiling all of the disclosures. The report is available on DOE’s website, and is searchable by chemical, company, or product.

Under its Rule, DOE created a phased-in reporting schedule for manufacturers based on the size of the manufacturer and the types of products they sell. This schedule requires different reporting dates for every manufacturer category (divided by size) and every product tier (divided by exposure levels).  For example, the next reporting deadline is August 2016 for “Smaller” manufacturers that produced Tier 2 Products, and “Tiny” manufacturers that produce Tier 1 Products.  The schedule is included in the Reporting Rule.


The Toxic Chemicals in Children’s Products Law regulates chemicals in children’s products in the state.  Under the law, the Maine Department of Environmental Protection (DEP) identifies and prioritizes chemicals subject to notification requirements.  Under limited circumstances, DEP is also authorized to impose use restrictions.

The law establishes a tiered prioritization scheme for chemicals.  DEP first established a list of chemicals of concern pursuant to the law that contains approximately 1,400 compounds.  From this list, DEP, in coordination with the Maine Department of Health and Human Services and the Maine Center for Disease Control and Prevention, must narrow the broader list down to up to 70 chemicals of high concern.  To date, DEP has identified 36 chemicals of high concern.  DEP then designates certain chemicals of high concern as “Priority Chemicals.”

Children’s products containing a Priority Chemical are subject to regulation.  Maine has designated several chemicals as Priority Chemicals, including, most recently, four phthalates and formaldehyde.  Manufacturers selling children’s products in Maine that contain a Priority Chemical above specified thresholds must notify DEP.  The threshold levels in Maine’s Safer Chemicals in Children’s Products regulations are the same as those in Washington: the practical quantification limit for intentionally-added chemicals and 100 ppm for trace contaminants or residuals.  Manufacturers only need to report one time.

DEP requires notification and, in one case, imposes use restrictions for the following Priority Chemicals when used in children’s products sold in the state:

  •  Bisphenol A: The sale of reusable food, beverage containers, baby food packaging, and infant formula packaging made with BPA is prohibited. Manufacturers using BPA in toys, child care articles, and tableware sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Nonylphenol and Nonylphenol Ethoxylates: Manufacturers using NP/NPE in household and commercial cleaning products, cosmetics and personal care products, and home maintenance products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Cadmium: Manufacturers using cadmium in certain children’s products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Mercury: Manufacturers using mercury in certain children’s products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Arsenic: Manufacturers using arsenic in certain children’s products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Phthalates (DEHP, DBP, BBP, and DEP): Manufacturers using any of the four listed phthalates in certain children’s products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.
  • Formaldehyde: Manufacturers using formaldehyde in certain children’s products sold in Maine must file a report with DEP within 30 days of the product’s availability in Maine.


Adopted in 2009, Minnesota’s Toxic Free Kids Act is solely a listing statute.  The Act requires the Minnesota Department of Health (DoH) to establish and update two lists of chemicals: a Chemicals of High Concern list and a Priority Chemicals list.  DoH is required to review and, if needed, revise the Chemicals of High Concern list every three years.  DoH published the first Chemicals of High Concern list in 2010 and updated it most recently on July 1, 2013.  The Act does not require DoH to update the Priority Chemicals list.

DoH designates selected chemicals of high concern that pose an elevated risk to the public as Priority Chemicals.  A chemical of high concern must meet one of three technical requirements under the statute to be added to the Priority Chemicals list:

  • The chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids
  • The chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water, or elsewhere in the home environment
  • The chemical has been found through monitoring to be present in fish, wildlife, or the natural environment

The Priority Chemicals list includes the following chemicals:

  • Bisphenol A (BPA)
  • Cadmium
  • Decabromodiphenyl ether (decaBDE)
  • Formaldehyde
  • Hexabromocyclododecane (HBCD)
  • Lead
  • Phthalates (BBP, DBP, and DEHP)

On July 1, 2013, DoH issued a Minnesota Chemicals of High Concern Report on the progress and future plans of the Minnesota Chemicals of High Concern list.  In the Report, DoH stated that it was considering the addition of a candidate chemical and a candidate chemical group for the Priority Chemicals list: tris(1, 3-dichloro-2-propyl)phosphate (TDCPP) and nonylphenol, including its ethoxylates.  Over three years later, DoH has not finalized its decisions to designate these chemicals as Priority Chemicals.


Oregon recently passed the Toxic-Free Kids Act, a chemical reporting statute with a strong regulatory component.  The Act was signed on July 27, 2015, and became effective immediately.  The Act requires the Oregon Health Authority (OHA) to establish a list of high priority chemicals of concern, and requires manufacturers of children’s products that contain any of these chemicals of concern to submit biennial reports.  Unlike the green chemistry laws in Washington, Maine, Vermont, and Minnesota, Oregon’s statute eventually forces manufacturers to remove chemicals of concern from certain products or substitute other chemicals.

According to the statute, OHA must establish a list of High Priority Chemicals of Concern, and revise the list every three years.  OHA may remove chemicals from the list and add up to five new chemicals during the review cycle.  In early 2016, OHA published its first list of 66 High Priority Chemicals of Concern for Children’s Health, which includes eight phthalates, five flame retardants, bisphenol A, cadmium, formaldehyde, mercury, and vinyl chloride, among other chemicals.  OHA also promulgated regulations defining “children’s product” and detailing the criteria for adding or removing high priority chemicals of concern from the list.

Manufacturers of children’s products sold in Oregon that contain any listed chemical of concern above a specified threshold must submit biennial reports to OHA.  A catalog of all the disclosure reports will be published in a searchable form on OHA’s website.  Manufacturers must submit their first reports for the use of chemicals included in the High Priority Chemicals of Concern for Children’s Health list by January 1, 2018.  OHA will convene advisory committee meetings in Spring 2016 and begin developing regulations detailing the reporting requirements for manufacturers.

The biennial reporting is just the first phase of the regulations.  After two reporting cycles (beginning in 2022 at the earliest), a manufacturer of a product containing a high priority chemical of concern must: (a) remove the listed chemical from its product; (b) make a substitution for the chemical; or (c) seek a waiver under the Act.  This requirement only applies to products that are mouthable, marketed for use by or to children less than 3 years of age, or are a children’s cosmetic.

If a manufacturer decides to remove the listed chemical, it must provide notice to OHA that its products no longer contain the chemical above de minimis levels.  If a manufacturer decides to make a substitution for a listed chemical, it must submit a Hazard Assessment to OHA “that explains how the children’s product, and any substitute chemical the children’s product contains, is inherently less hazardous than before the substitution was made.”  Manufactures can apply for a waiver of the Act’s removal/substitution requirements by submitting an adequate alternatives assessment or quantitative exposure assessment.

OHA intends to initiate the rule development process to establish requirements for the removal or substitution of chemicals of concern in 2019.  These regulations will also define the waiver requirements and approved methods for alternatives assessment.


Enacted in 2014, Act 188 establishes the Chemical Disclosure Program for Children’s Products.  The Program covers the disclosure, and potential regulation, of toxic chemicals in children’s products in Vermont.  The Vermont Department of Health (DoH) established a list of Chemicals of High Concern to Children.  The Act empowers DoH to add or remove chemicals from the list through rulemaking.

Manufacturers of children’s products containing a listed chemical of high concern above the reporting threshold must submit a report to DoH by July 1, 2016.  Manufacturers must disclose and report chemicals of concern intentionally added to a children’s product above the practical quantitation limit or as a trace contaminant above 100 ppm.  DoH has established a table of practical quantification limit reporting thresholds for chemicals of high concern.  Manufacturers must submit reports to DoH every two years after the first reporting deadline of July 1, 2016.

On December 10, 2015, DoH promulgated the Chemicals of High Concern in Children’s Products Rule outlining the reporting procedures and required information for manufacturer notifications.  According to the reporting rule, manufacturers must disclose the presence of chemicals of high concern in children’s products sold in the state, the concentration of the chemical in the product, and the function of the chemical in the product, among other details.  The rule allows manufacturers to disclose concentration ranges in lieu of the exact concentration of the chemical; the ranges are stipulated in the text of the rule.  The manufacture must also provide any other information the manufacturer deems relevant to the use of the product.

On February 16, 2016, DoH released a draft Chemical Disclosure Program Guidance Document for public comment.  The Guidance Document explains the applicability of the reporting rules and outlines what information must be reported.  The Guidance Document also explains the available exemptions from the reporting requirements.  The comment period closed on March 15, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Beveridge & Diamond PC | Attorney Advertising

Written by:

Beveridge & Diamond PC

Beveridge & Diamond PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.