Legal Blog

New Chemicals Program Under TSCA Faces Criticism

The new chemicals program under the Toxic Substance Control Act (TSCA) is facing growing criticism from both industry leaders and consumer advocacy groups. Industry representatives claim that the review process is slow and inefficient and that the Environmental Protection Agency (EPA) is targeting too many substances for use restrictions. At the same time, consumer advocate groups have criticized the agency for a lack of thoroughness in conducting mandatory reviews of the safety of new chemicals. Critics have also said that the streamlined review process may allow approval of a chemical for one use without a comprehensive review of the chemical’s…

Read More

OEHHA Issues Notice of Intent for Cancer Drug

The California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of intent to list bevacizumab as a substance known to cause reproductive toxicity under Proposition 65. Bevacizumab is prescribed for the treatment of certain cancers, including metastatic colon cancer. It is a vascular endothelial growth factor-directed antibody. The drug has been identified as causing a risk of reproductive harm by the US Food and Drug Administration (FDA). The label accompanying bevacizumab notes that use of the drug may increase the incidence of ovarian damage and cause harm to an affected fetus. OEHHA’s listing of bevacizumab falls under the…

Read More

FDA Plans to Ban Lead Acetate in Hair Dye

On October 30, 2018, the US Food and Drug Administration (FDA) announced a final rule that prohibits the use of lead acetate as a color additive in hair dye. The basis of the rule, according to the FDA, is a petition submitted in April 2017 presenting recently available information that lead acetate in hair dye may cause harm to the user. In 1980, the FDA had approved the use of the chemical for hair coloring and set a maximum concentration level at 0.6%, but did not establish limits for how often the product can be used and what quantities are…

Read More

EPA Delays Proposal Prohibiting Use of Studies that Withhold Data

The Environmental Protection Agency (EPA) has postponed the finalization of a proposal  that would preclude the agency from relying on scientific studies that do not publicize the data upon which the research is grounded. This rule, if finalized, could be problematic for the development of future regulations since research initiatives often include trade secrets, sensitive business information, and even personal health information, all of which are intended to be kept confidential while being used to enhance policymaking goals. Several prominent studies have relied on the use of confidential information, such as a study conducted by Harvard University in 1993 that…

Read More

California Heavy Metals Testing for Cannabis May Usher New Prop 65 Claims

The California Bureau of Cannabis Control (CBCC) regulations require cannabis and cannabis products to undergo mandatory testing for certain chemicals. Beginning on December 31, 2018, the mandatory testing will include testing for the following heavy metals: lead, cadmium, arsenic, and mercury. The California Code of Regulations (CCR) prescribe the process for heavy metals testing. It provides that samples of cannabis or cannabis products should be analyzed to determine the existence of heavy metals and that the result will be reported as a pass or fail. A sample “passes” the heavy metal test if it does not exceed the action levels…

Read More
Back To Top