All Knowledge & Insights By Date

In 2018, the global M&A market achieved a transaction volume of $4.1 trillion, the third highest year ever for M&A volumes. Divestitures, spin-offs and split-offs are essential to defining corporate identity, a key shareholder imperative. This brisk pace is expected to continue. Whatever the motivation, M&A activity demands razor-sharp due diligence. The premise of this article is that due diligence often underestimates or, worse, ignores the impact implementation of revisions to the...

This past spring, the United States Environmental Protection Agency (EPA) issued a first-ever final rule under Section 6(a) of the Toxic Substances Control Act (TSCA) banning the use of methylene chloride in consumer paint and coating removal products. Although this rule was long in the making, this type of chemical ban of selected products is likely to be seen more routinely in the months and years ahead. This article reflects upon EPA’s broad authority under TSCA Section 6 and explores the...

The U.S. Environmental Protection Agency (EPA) announced on September 19, 2019, that it posted the first public Toxic Substances Control Act (TSCA) Inventory to include unique identifier (UID) information. EPA states that the UID is a numerical identifier assigned to a chemical substance when EPA approves a confidential business information (CBI) claim for specific chemical identity. When EPA approves such a claim, it assigns a UID to that chemical identity; applies the UID to other...

This week, we have B&C’s and The Acta Group’s Senior Regulatory Consultant, Karin Baron, back in the studio to discuss K-REACH, its recent amendment, and potential harmonization of chemical regulations in the region.  K-REACH is the South Korean government’s industrial chemical substance registration program signed into law in 2013, and effective in 2015. Karin is uniquely well-suited to provide practice tips and information on why our listeners should be aware of...

EC Study To Analyze Integration Of REACH In Customs Procedures: The European Commission (EC) will launch a “call for tender” in relation to Action 13 of the Second Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Review, which addresses enhancement of enforcement. In a document entitled “REACH and customs contract” issued following the 30th Meeting of the Competent Authorities for REACH and Classification, Labeling, and Packaging (CLP) (CARACAL), the...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program. The program is an example of the newest trend in state “information disclosure” programs intended to force product manufacturers to disclose the ingredients in products sold to consumers. This article discusses the program and explains why the court...

On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a notice of intent (NOI) to sue EPA under Section 20(a)(2) of the Toxic Substances Control Act (TSCA) for “EPA’s repeated and ongoing failures to comply with TSCA’s nondiscretionary mandates to disclose to the public information about new chemical substances reviewed by EPA.” According to Earthjustice, EPA “routinely fails to disclose” certain information regarding the submission...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce the addition of five accomplished, experienced professionals to our firms. Heather J. Blankinship has joined our firms as a Senior Regulatory Consultant. Ms. Blankinship works with clients to develop strategic, comprehensive, cost-effective approaches to global regulatory compliance, product risk assessment, and sustainability programs. Ms. Blankinship’s product category expertise includes oil and...

COLUMBUS, OHIO - The Product Stewardship Society (PSS) Board of Directors inducted Lynn L. Bergeson as President during its annual board meeting preceding the Product Stewardship conference being held in Columbus, Ohio, September 10 - 12, 2019.  Ms. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), will serve as President through 2021. Ms. Bergeson has served on the PSS Board of Directors since 2015. PSS is an affiliate of the American Industrial Hygiene...

The Chinese Ministry of Ecology and Environment (MEE) notified the World Trade Organization (WTO) of its “Environmental Risk Assessment and Control Regulation for Chemical Substances (Notification Draft)” (the draft Regulation) and “Measures on the Environmental Management of New Chemical Substances (Notification Draft)” (the draft Measures) on September 2, 2019. The draft Regulation is a revised version of the Consultative Draft of the Regulation published on January 8, 2019,...