Ann Grimaldi

On September 10, 2015, the Court of Justice of the European Union issued a ruling that the duty to notify as to the presence of Substances of Very High Concern (SVHCs) under the EU's REACH regulation extends to components of complex articles, not to the entire complex article. This puts to rest contradictory prior interpretations of this issue -- and will trigger significant shifts in information obligations throughout global supply chains for assembled products. SVHCs are chemicals proposed for authorization under REACH.  Under the regulation, producers and importers of articles must notify the European Chemicals Agency (ECHA) if the SVHC is…

The Senate's TSCA reform bill, S.697, remains on track for a Senate floor vote in October.  Other priorities, however, may still get in the way, including a highway funding bill.  And, even if S.697 succeeds in the Senate, it will have to be reconciled with the narrower House TSCA reform bill, H.R. 2576, before TSCA reform can be enacted this year. The key point of contention with S.697 is its preemptive scope.  Senator Boxer, in particular, repeatedly has expressed concerns about S.697's preemption provisions potentially curtailing states' rights to enact and enforce their own toxics laws.  The preemption provisions of…

Belgium's Federal Public Service Health, Food Chain Safety and the Environment has published guidance documents on the recently enacted Belgian Royal Decree Regarding the Placement on the Market of Substances Manufactured at the Nanoscale.  Under the Royal Decree, substances placed on the market in Belgium in the nanoscale state, as defined, will have to be registered before January 1st, 2016.  The registration deadline for mixtures containing such substances is January 1, 2017. Nanomaterial is defined as a substance containing particles, in an unbound state or as an aggregate or agglomerate and where, for 50 % or more of the particles in the number…

On September 4, 2015, the California Office of Environmental Health Hazard Assessment published a revised proposal for a Proposition 65 website. This follows OEHHA's January 16, 2015 proposal, on which the agency received numerous public comments. Comments on the September 4, 2015 revised version of the proposal are due by September 21, 2015. OEHHA representatives in the past have stated that they are routinely inundated with inquiries from the public about Proposition 65 warnings being conveyed by businesses. OEHHA's website proposal is intended as a vehicle to provide members of the public with such information. The proposal authorizes OEHHA to require…

In a July 10, 2015 order, an Alameda County Superior Court judge found in favor of defendants in a Proposition 65 lawsuit alleging exposures to titanium dioxide in cosmetic products.  The defendants successfully challenged the plaintiff’s 60-day notice based on admissions made by the plaintiff that it had not conducted any testing to confirm that the listed chemical was present in each product. Titanium dioxide is listed as a Proposition 65 carcinogen in its “unbound airborne respirable” form.  In other words -- and significant to this case and any other Proposition 65 lawsuit involving titanium dioxide -- the listed chemical is…