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June 7, 2017

B&C Nano Blog Post Quoted By Bloomberg BNA Daily Environment Report in the Article “9th Circuit Ruling Could Slow EPA Nanomaterial Conditional Registrations”

Bergeson & Campbell, P.C.

On June 7, 2017, the Bloomberg BNA Daily Environment Report quoted “Appellate Court Vacates Conditional Nanosilver Registration” discussing the impacts of the recent 9th Circuit Court ruling.

[…] In a May 31 blog post, the law firm Bergeson & Campbell P.C., which represents industry clients, says the ruling could prompt the nano industry to press EPA to revisit its position that every pesticide containing nanosilver is a new active ingredient, requiring conditional registration, rather than viewing all nanosilver in all pesticides as one ingredient.

“EPA’s decision to classify each new nanosilver product as a new active ingredient means that EPA must satisfy the more stringent ‘public interest’ criterion to grant a conditional registration for any new nanosilver product,” the law firm says. “Stakeholders may wish to consider urging EPA to reconsider its policy of classifying each new nanosilver formulation as a new active ingredient or otherwise amending its current position to ensure innovation is not impeded.”


Bergeson & Campbell agree[s] with environmentalists that the ruling bolsters the public interest requirement and so could have a chilling effect on future conditional registrations and stall innovation if it stands.


Bergeson & Campbell says the court’s more-stringent public interest requirement “discourages applicants to register innovative new nanosilver products, even where such products would supplant existing nanosilver or conventional silver products that may entail greater human or environmental exposures.” [subscription required]