Legal Blog

Adding to the continuing regulatory scrutiny of perfluoroalkyl chemicals, the Food and Drug Administration revoked its approval of three perfluoroalkyl ether chemicals used in oil and water repellants for paper and paperboard food packaging on January 4, 2016. The FDA took this action in response to a petition submitted by a number of NGOs, including the Natural Resources Defense Council ("NRDC") and Breast Cancer Fund, seeking an amended regulation to remove FDA's approval of these chemicals for use in food packaging under 21 C.F.R. Section  176.170. The three affected chemicals are: 1. Diethanolamine salts of mono- and bis (1 H, 1…

On December 9, 2015, EPA announced the launch of its new "eDisclosure" portal to receive and automatically process self-disclosures of federal environment law violations.  According to EPA, the new electronic portal will more quickly process and resolve such self-disclosures and maximize EPA's available resources. In 2000, EPA issued its formal policy on "Incentives for Self-Policing:  Discovery, Disclosure, Correction and Prevention of Violations," more commonly referred to as the "Audit Policy." Regulated entities who voluntarily discover, disclose, correct and prevent violations of federal environmental laws benefit from the Audit Policy's reduction (and in some cases, elimination) of gravity-based civil penalties if the Audit Policy's…

A California bill that would have required the disclosure of ingredients in cleaning products failed to pass the California Assembly on January 28, 2016. As originally introduced in February 2015, AB 708 would have required manufacturers of cleaning products to disclose their ingredients in descending order of weight percentage and to provide the Chemical Abstract Service Registry Numbers for each ingredient. The bill also would have required a description of the purpose of the ingredient. "Cleaning products" would have included air care products, automotive products like waxes, general cleaning products like detergents and floor maintenance products. The bill was amended…

As the House and Senate work towards reconciling their Toxic Substances Control Act modernization bills, the Attorneys General from 12 states continue to urge the legislators to limit the preemptive effect of an amended TSCA on a state's authority to regulate chemicals.  The Attorneys General outlined their concerns in a January 19, 2016 letter to the Chairpersons of the Senate and House Committees leading the reconciliation efforts. TSCA preemption of state law has long been a thorny issue with TSCA reform efforts.  Senator Boxer, who is former Chair and now Ranking Member of the Senate Committee on Environment and Public Works, has…

On January 25, 2016, the California Office of Environmental Health Hazard Assessment finalized its Proposition 65 website regulation, publishing a Notice of Adoption - New Section 25205, Proposition 65 Lead Agency Website.  Under the new regulation, OEHHA will develop and maintain a website to provide public information regarding exposures to Proposition 65-listed chemicals for which warnings are being provided. The regulation becomes effective on April 1, 2016, though it is not clear at this time whether the website will operational by then. The website will include links to information compiled by other agencies, including the Food and Drug Administration and the…