There are 26 days remaining until the December 1 deadline by which employers must have trained their workers on the new label elements and the Safety Data Sheet (SDS) format as required under the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). While there is still time to meet the requirements, companies must act quickly. Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) can assist employers storing, using, or handling...
November 4, 2013
FTC Gets Tough on Green Guides and “Cracks Down” on Misleading and Unsubstantiated Environmental Marketing Claims
On October 29, 2013, the Federal Trade Commission (FTC) announced six enforcement actions concerning misleading and unsubstantiated environmental marketing claims. In a case imposing a $450,000 civil penalty, FTC filed a complaint and consent order against a company for violating a 1994 FTC order prohibiting it from making unsupported green claims for its paper plates and bags. In the five other actions, FTC addressed biodegradable plastic claims for the first time. In one case, FTC...
On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or department) Safer Consumer Products Regulations (regulations). The regulations took effect on October 1, 2013. The regulations are the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm. The scope of the...
November 1, 2013
Lynn L. Bergeson, “Lowering Silica Dust Exposure Limits,” Pollution Engineering, November 1, 2013.
In August 2013, the Occupational Safety and Health Administration (OSHA) proposed a controversial rule lowering the 40-year-old permissible exposure limits (PEL) for crystalline silica particles. This is big news from an agency from that we hear little....
October 29, 2013
Lynn L. Bergeson, “Sweden Proposes National Action Plan for Nanomaterials,” Nanotechnology Now, October 17, 2013.
On October 8, 2013, Sweden issued a report proposing a national action plan for the safe use and management of nanomaterials. An English summary of the report’s recommendations is available at http://nanotech.lawbc.com/uploads/file/00125741.PDF...
October 29, 2013
Lynn L. Bergeson, “FDA Finds Current Regulatory Review Processes Protect Public from Risks of Nanomaterials,” Nanotechnology Now, October 29, 2013.
The U.S. Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER) posted a blog item on October 24, 2013, concerning the use of nanotechnology to develop new drugs....
Lynn L. Bergeson was quoted in a Chemical Watch article on California’s new Safer Consumer Products Regulations (SCPR): “Information generated by REACH analyses could help position entities ‘favourably to be aware of what their obligations are under the Safer Consumer Products Regulations, and perhaps position them better to meet those requirements,’ said Lynn Bergeson of Bergeson & Campbell, P.C.”...
October 15, 2013
Lynn L. Bergeson, “Toxic Chemicals: Prepare for Product Regulations,” Chemical Processing, October 15, 2013.
The California Department of Toxic Substances Control (DTSC) Safer Consumer Products Regulations are now in effect (See “California Cracks Down on Chemicals”). While the most onerous requirements for “responsible entities” (manufacturers, importers, assemblers and retailers) will not hit for a while, companies should consider taking some initial steps now to understand how these regulations may affect operations in the future....
October 11, 2013
Bloomberg BNA Daily Environment Report features The Acta Group’s Memo on China’s Hazardous Chemicals List
The October 10, 2013, issue of Daily Environment Report featured a memorandum issued by Acta in the story “Toxic Substances Manufacturers Urged to Review Obligations as China Executes Hazardous Chemicals Rule:” “The Acta Group LLC, a consulting affiliate of the law firm Bergeson & Campbell P.C., released a bulletin Oct. 8 that also urged organizations with interests in China to review the draft catalog and assess their business and compliance obligations to avoid later...
In an October 11, 2013, story titled “Pesticide Imports Halted at U.S. Ports; Importers Seek to Gauge, Address Impact,” James V. Aidala shared his insight on possible effects of the government shutdown on the processing of import notices: “Jim Aidala, former assistant administrator for the EPA Office of Prevention, Pesticides and Toxic Substances, told Bloomberg BNA that the EPA’s Office of Enforcement and Compliance Assurance (OECA)—not the pesticide office—processes import notices....