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California Proposes Designation of Nail Products Containing Toluene as a Priority Product

The Department of Toxic Substances Control (DTSC) has recommended listing nail products containing toluene as a priority product under its Safer Consumer Products program. The adoption of this proposal could lead manufacturers to either discontinue use of toluene in nail products in California within the next four years, or initiate an analysis of acceptable alternatives to continue using the product for this application, or demonstrate that there is no feasible acceptable alternative to toluene for this product category. Toluene in nail products has been suspected of posing potential hazards to consumers for some time. Toluene acts a solvent in nail…

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California Air Resources Board to Initiate Rulemaking for Reducing Emissions from Consumer Products

In February 2019, the California Air Resources Board (CARB) announced its intent to initiate rulemaking to further impose reductions in volatile organic compound (VOC) emissions from consumer products. The forum is scheduled to take place on Friday, April 12, 2019. The meeting is being held to convene stakeholders to discuss and plan emission reduction strategies. Some of the proposals to be evaluated at the upcoming forum include considering categories with higher mass and reactivity, exploring methods for developing near-zero VOC formulations, and analyzing exemptions currently in place. CARB has engaged in rulemaking with the goal of lowering emissions and reactivity…

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OEHHA Takes First Step To List Cannabis Related Substances As Reproductive Toxicants

California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it has selected cannabis and its related products, including cannabis smoke, cannabis extracts, and THC for review by the Developmental and Reproductive Toxicant Identification Committee (DARTIC) for listing under Prop 65. Consistent with required procedures, the agency is looking at hazard identification materials and seeking for relevant data about the potential reproductive toxicity of cannabis and related substances.  “Hazard identification materials” are publicly available for consideration and comment before the DARTIC renders a decision to list or not list the substances.       The DARTIC, with the Cancer Identification Committee, comprises…

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EPA Considers Stricter Regulation of PFAS Regulation

The Environmental Protection Agency recently announced a plan to evaluate the regulation of per- and polyfluoroalkyl (PFAS) substances. The PFAS Action Plan is a culmination of the Agency’s previous commitment to consider the need for additional regulation of this large class of chemicals. PFAS are chemicals used in various consumer, commercial and industrial products, such as carpeting, apparels, upholstery, food wrappers, fire-fighting foams and metal plating. PFAS are known for their heat, water and oil resistant properties. Exposure to PFAS has been linked to growth, learning and behavioral problems, interference with natural hormones, and an increased risk of cancer. The…

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Federal Government Halts Regulation of Toxic Chemicals

In 2016, Congress authorized the Environmental Protection Agency (EPA) to aggressively pursue toxic chemical regulation through the amendments of the federal Toxic Substances Control Act (TSCA). This was the first time in many years that the EPA’s authority to evaluate and regulate chemicals of concern was expanded. Since that time, significant action on several prominent agenda items - namely restricting the use of certain chemicals in consumer products – has been tabled or abandoned. The significant shift in the regulatory authority and philosophy of the EPA has been a prominent development of the Trump Administration. The EPA, under Trump, has…

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