Legal Blog

On September 12, 2014, the California Department of Toxic Substances Control released its draft Priority Products Work Plan under the Safer Consumer Products Regulations. The Work Plan identifies the product categories that DTSC will evaluate for future listing as Priority Products. DTSC has scheduled two public workshops to discuss the Work Plan: September 25 at its Sacramento headquarters, and September 29 at its Cypress, California regional office. DTSC has identified several product categories and associated potential chemicals of concern: Beauty/personal care/hygiene (skin products, personal hygiene products, hair products and cosmetics/fragrances) -- aldehydes, alkyl phenols, ethoxylates, azo dyes, coal tars, lead, lead…

The European Chemicals Agency (ECHA) is considering the addition of 22 new chemicals to the REACH authorisation list. This is the largest list of chemicals considered for authorization since REACH became effective.  Comments are due November 30, 2014. The chemicals being considered are: Two substances obtained from coal tar: Anthracene oil; Pitch, coal tar, high temp. Seven lead substances: Orange lead (lead tetroxide); Lead monoxide (lead oxide); Tetralead trioxide sulphate; Pentalead tetraoxide sulphate; Silicic acid, lead salt; Pyrochlore, antimony lead yellow; Acetic acid, lead salt, basic. Four boron substances: Boric acid; Disodium tetraborate, anhydrous; Diboron trioxide; Tetraboron disodium heptaoxide, hydrate. Seven…

In August 2014, EPA settled alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) alleged against Walkfit, LLC and other entities, involving shoe inserts containing nanosilver.  This follows a separate FIFRA settlement earlier this year against another company, Pathway Investment Corp., also alleging FIFRA violations involving nanosilver in a consumer product (food containers).  It's unlikely that EPA is targeting nanosilver per se; for years EPA has pursued enforcement actions against entities making public health claims for products that have not been registered under FIFRA.  Still, the commonality of nanosilver in both of these cases should make entities using…

As GLO previously reported, the Office of Environmental Health Hazard Assessment released a pre-regulatory draft proposal, for discussion purposes only, substantially revising the Proposition 65 warning regulations. After receiving over 50 comments (with one set of comments signed by almost 140 trade organizations and companies), OEHHA continues to evaluate next steps. OEHHA and Cal/EPA representatives have met with Governor Brown's advisors to discuss the draft and the comments received.  It is likely that OEHHA will release another document in late 2014. At this time, however, it is unclear whether the next document OEHHA will release will be another pre-regulatory draft…

The California Department of Toxic Substances Control continues its efforts to implement the Safer Consumer Products Regulations: The Regulations require DTSC to publish a Priority Product Work Plan by October 1, 2014.  As GLO previously reported, DTSC scheduled two public workshops in August 2014 to discuss the Work Plan, which has yet to be released.  Those workshops have been cancelled.  DTSC expects to release the Priority Product Work Plan in early September 2014 and will reschedule the workshops for as-yet-unknown dates in September. DTSC anticipates the release of the Priority Product List for formal rulemaking sometime in late 2014/early 2015.  As part…