TSCAblog®

Texas Attorney General (AG) Ken Paxton announced on April 13, 2026, that he issued a Civil Investigative Demand (CID) to Lululemon USA Inc. (Lululemon) as part of an investigation into whether the Company “has misled consumers about the safety, quality, and health impacts of its products.” The press release notes that Lululemon “markets itself as a wellness-focused lifestyle brand emphasizing sustainability and performance.” According to the press release, “emerging research and...

On April 22, 2026, the House Energy and Commerce Subcommittee will hold a hearing entitled “Help or Hindrance? The Impact of U.S. Environmental Laws on Critical Material Supply Chains, National Security, and Economic Growth.” According to the April 15, 2026, hearing announcement, the hearing will examine how to modernize the Toxic Substances Control Act (TSCA), the Clean Air Act (CAA), and other environmental laws “to strengthen domestic supply chains, advance commonsense reforms, and keep...

The Minnesota Pollution Control Agency (MPCA) announced on April 15, 2026, that it has extended the deadline to report intentionally added per- and polyfluoroalkyl substances (PFAS) in products sold in Minnesota from July 1, 2026, to September 15, 2026. MPCA states that it extended the deadline to allow manufacturers additional time to use the upgraded reporting guide (which explains basic function of the PFAS Reporting and Information System for Manufacturers (PRISM)), supplemental guide (which...

The U.S. Environmental Protection Agency (EPA) announced on April 14, 2026, a new initiative called PFAS OUTreach -- or PFAS OUT. According to EPA, the new effort proactively works with communities and water systems to reduce exposure to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water, “years ahead of compliance with federal regulatory requirements.” EPA states that it aims to engage directly about 3,000 drinking water systems nationwide that have...

On May 6, 2026, the National Agricultural Law Center (NALC) and the National Association of State Departments of Agriculture (NASDA) Foundation will host a half-day program featuring the latest updates in agricultural and food law policy from experts across the country in Washington, D.C. The agenda includes: “Four Corners” Congressional Update: Ag Trade, E-15, MAHA, Farm Bill, and Related Issues: Fitzhugh Elder IV, Staff Director, Senate Committee on Agriculture, Nutrition, and Forestry;...

The U.S. Environmental Protection Agency (EPA) announced on April 9, 2026, that it will publish a final rule postponing the start of the reporting period for the perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting and recordkeeping rule issued under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The submission period will begin on January 31, 2027, or 60 days following the effective date of a forthcoming final rule on the substantive requirements of the PFAS reporting...

The U.S. Environmental Protection Agency (EPA) announced on April 6, 2026, that it has opened a public comment period to request input on candidates currently under consideration for membership to the Science Advisory Committee on Chemicals (SACC). According to EPA, SACC has one vacant membership term and ten membership terms expiring out of the 19 current memberships. EPA seeks public comments on individuals who have been nominated by the public to assist in making SACC membership decisions by...

The New Mexico Environmental Improvement Board (NMEIB) concluded its deliberations on March 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule implementing the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. NMEIB adopted minor changes discussed during the hearing and approved NMED’s proposed rule. In its March 23, 2026, press release announcing NMEIB’s approval of the rule, NMED notes that “[u]nder the new rules, manufacturers must display a universal...

On March 30, 2026, the U.S. Environmental Protection Agency (EPA) proposed extending the reporting deadline for the Health and Safety Data Reporting Rule under the Toxic Substance Control Act (TSCA) by one year to May 21, 2027. 91 Fed. Reg. 15582. According to EPA, it intends the proposed extension to delay compliance with the one-time reporting rule during EPA’s ongoing reconsideration of the rule. EPA notes that it is proposing to extend the deadline because it determined additional time is...

On March 19, 2026, Representative Betty McCollum (D-MN) and Senator Dick Durbin (D-IL), Minority Whip, reintroduced the Forever Chemical Regulation and Accountability Act (H.R. 8016, S. 4153) to address the use of per- and polyfluoroalkyl substances (PFAS) in the domestic supply chain. According to McCollum’s March 19, 2026, press release, the bill would: Initiate a National Academies of Sciences, Engineering, and Medicine (NASEM) study to review the persistence, bioaccumulation, and human...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “TSCA CBI Re-substantiation: When, Why, and How to Prepare.” The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments included a ten-year cap on many confidential business information (CBI) claims, absent a U.S. Environmental Protection...

Public Employees for Environmental Responsibility (PEER) announced on March 5, 2026, that through counsel at the Free Information Group (FIG), it filed a series of Freedom of Information Act (FOIA) requests with the U.S. Environmental Protection Agency (EPA) “seeking records related to how the agency is deploying artificial intelligence [(AI)] tools within its workforce and regulatory programs.” PEER states that it “seeks clarity on whether and how AI systems are being used to analyze...

On February 23, 2026, the U.S. Government Accountability Office (GAO) publicly released a report entitled Consumer Product Safety Commission: Opportunities to Strengthen Oversight of Toxic Substances in Children’s Products. Senators Patty Murray (D-WA), Ranking Member of the Senate Committee on Appropriations, and Jon Ossoff (D-GA) asked GAO to review how the Consumer Product Safety Commission (CPSC) addresses children’s products that contain toxic substances such as lead. In the report, GAO...

The Minnesota Pollution Control Agency (MPCA) announced on February 28, 2026, that it has updated the online system for reporting products containing intentionally added per- and polyfluoroalkyl substances (PFAS), the PFAS Reporting and Information System for Manufacturers (PRISM). Manufacturers or their representatives will use PRISM to report on intentionally added PFAS in products sold in Minnesota by July 1, 2026. According to MPCA’s website, PRISM 1.1 includes: Additional chemicals; Open...

The California Department of Toxic Substances Control (CDTSC) released on February 25, 2026, a draft Product-Chemical Profile for Floor Maintenance Products Containing Perfluoroalkyl or Polyfluoroalkyl Substances (PFAS) (draft Profile) for public comment. The draft Profile states that PFAS “are a large class of manufactured chemicals with at least one fully fluorinated carbon atom.” The draft Profile notes that all PFAS are Candidate Chemicals under the Safer Consumer Products (SCP) Program...

On March 4, 2026, the Senate Committee on Environment and Public Works (EPW) will hold a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026. Witnesses will include: Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.; David Isaacs, Vice President, Government Affairs, Semiconductor Industry Association; and Michal Freedhoff, Ph.D., Senior Policy Advisor, Holland & Knight. As reported in our January...

Before the New Mexico Environmental Improvement Board (NMEIB) began its hearing on February 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule to implement the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, NMED posted clean and redline versions of a “Rebuttal Proposed New Rule.” As reported in our January 23, 2026, blog item, NMED posted a revised proposed rule in January 2026. The February 2026 revisions state that the label shall include the symbol of...

On February 18, 2026, the New Mexico legislature passed House Joint Memorial 3, requesting that the New Mexico Environmental Improvement Board (NMEIB) and the New Mexico Environment Department (NMED) provide a report on the implementation of the 2025 Per- and Polyfluoroalkyl Substances (PFAS) Protection Act and recommendations to improve consumer protections from PFAS. Passed less than a week before NMEIB’s February 23, 2026, hearing on NMED’s proposed rule implementing the Act, House Joint...

Safer States released on February 18, 2026, its 2026 Analysis of State Policy Addressing Toxic Chemicals and Plastics. According to Safer States, in 2026, at least 15 major state laws and regulations are taking effect, while 33 states are expected to consider at least 275 policies addressing toxic chemicals and plastics. The 15 laws and regulations taking effect this year include broad restrictions on per- and polyfluoroalkyl substances (PFAS) in consumer products, “first-in-the-nation bans on...

The U.S. Environmental Protection Agency (EPA) announced on February 6, 2026, a list of significant actions that the Agency has taken in the first year of the Trump Administration to combat risks from per- and polyfluoroalkyl substances (PFAS) contamination and Make America Healthy Again. EPA notes that it plays a key role in responding to PFAS contamination using its scientific expertise and existing environmental authorities. EPA states that working under several federal laws, it...

As reported in our January 27, 2026, memorandum, the House Energy and Commerce Subcommittee on Environment held a legislative hearing on January 22, 2026, focused on a draft bill entitled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft). On February 9, 2026, the Coalition for Chemical Innovations (CCI) offered four principles to guide Congress’s efforts to modernize the Toxic Substances Control Act (TSCA). CCI notes that the U.S. Environmental...

Environment and Climate Change Canada (ECCC) announced on February 2, 2026, that it fined Estee Lauder Cosmetics Ltd. $750,000 for two violations of the Canadian Environmental Protection Act, 1999 (CEPA). ECCC states that the offences were related to the failure to inform the government regarding a significant new activity and the failure to comply with a compliance order. In addition to the fine, the Ontario Court of Justice ordered the Company to notify its shareholders about the conviction....

The Minnesota Pollution Control Agency (MPCA) announced on January 30, 2026, that the online system for reporting products containing intentionally added per- and polyfluoroalkyl substances (PFAS), the PFAS Reporting and Information System for Manufacturers (PRISM), is now available. Manufacturers or their representatives will use PRISM to report on intentionally added PFAS in products sold in Minnesota by July 1, 2026. MPCA notes that all information will be available to the...

According to the U.S. Environmental Protection Agency (EPA) website, EPA received a petition on January 6, 2026, under Section 21 of the Toxic Substances Control Act (TSCA) regarding certain chemicals in consumer laundry detergents. The petition requests that EPA initiate a TSCA Section 6(a) rulemaking regarding the following chemical substances that are “widely used in consumer liquid laundry detergents”: Sodium C10-16 alkylbenzenesulfonate; Sodium laureth sulfate (SLES); and 1,4-Dioxane...

The U.S. Occupational Safety and Health Administration (OSHA) published a final rule on January 15, 2026, extending the compliance dates in its Hazard Communication Standard (HCS) (29 C.F.R. Section 1910.1200), published in the Federal Register on May 20, 2024 (89 Fed. Reg. 44144), by four months. 91 Fed. Reg. 1695. The May 2024 final rule adopts a tiered approach to compliance and includes two sets of compliance dates for chemical manufacturers, importers, and distributors evaluating substances...

Do you know of a company that is innovating in ways that make chemistry safer, cleaner, and more sustainable? The American Chemical Society (ACS) is now accepting nominations for the 2026 Green Chemistry Challenge Awards. Winning a Green Chemistry Challenge Award is not just an honor; it is a catalyst for visibility, credibility, and environmental impact. Since 1996, 155 organizations and individuals have been recognized for innovations that reduce hazardous substances, conserve resources,...

On January 16, 2026, the New Mexico Environment Department (NMED) posted docket materials related to the New Mexico Environmental Improvement Board’s (NMEIB) February 23, 2026, rulemaking hearing on per- and polyfluoroalkyl substances (PFAS) in consumer products. The materials include clean and redline versions of a revised proposed rule. The revisions would: Exempt pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) from the reporting and prohibition...

The House Committee on Energy and Commerce posted a Hearing Memorandum on January 20, 2026, for the January 22, 2026, hearing entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” According to the Hearing Memorandum, the Subcommittee on Environment will hear from the following witnesses: Dimitrios Karakitsos, Holland & Knight; Kimberly Wise White, Ph.D., American Chemistry...

Bergeson & Campbell, P.C.’s (B&C®) recently published Forecast 2026 includes a deep dive into what stakeholders can expect this year regarding the Toxic Substances Control Act (TSCA), covering a comprehensive set of topics, including existing chemical risk evaluations and rulemakings, new chemical reviews, pending legal challenges, personnel and organizational changes, and much more. In the TSCA existing chemicals program, for example, the U.S. Environmental Protection Agency (EPA)...

The House Energy and Commerce Subcommittee on Environment will hold a legislative hearing on January 22, 2026, entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” According to the House Energy and Commerce Committee’s January 15, 2026, press release, since the Committee’s “first hearing of this Congress, our Committee has been working to modernize the Toxic Substances...

The U.S. Environmental Protection Agency (EPA) announced on January 6, 2026, the availability of the final risk evaluations under the Toxic Substances Control Act (TSCA) for butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), dicyclohexyl phthalate (DCHP), diethylhexyl phthalate (DEHP), and diisobutyl phthalate (DIBP). 91 Fed. Reg. 373. EPA states that it “used the best available science to prepare these final risk evaluations, and determined, based on the weight of scientific evidence,...

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) invited nominations for scientific experts for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). 91 Fed. Reg. 263. EPA also requested nominations of scientific and technical experts whom EPA can consider for service as ad hoc peer reviewers assisting SACC. 91 Fed. Reg. 275. EPA states in a December 31, 2025, press release that for 2026, it is...

As reported in our September 12, 2025, blog item, under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA), most confidential business information (CBI) claims will expire after ten years unless reasserted and substantiated. This means that a CBI claim made in 2016 will expire in 2026 unless the claim is reasserted and resubstantiated before the end of the ten-year period. The U.S. Environmental Protection...

As required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), on December 29, 2025, the U.S. Food and Drug Administration (FDA) published a Report on the Use of PFAS in Cosmetic Products and Associated Risks. The scope of the report is limited to per- and polyfluoroalkyl substances (PFAS) intentionally added to cosmetic products as ingredients and does not include PFAS that may be present in the final product as contaminants. According to the report, “[c]ertain PFAS are...

The U.S. Environmental Protection Agency (EPA) announced on December 23, 2025, that under the Trump Administration, EPA “is dramatically expanding its imports investigative capacity and enforcement scope beyond the limited efforts of previous years, launching broader investigations that target illegal pesticide and chemical smuggling operations across multiple sectors to safeguard communities, agricultural integrity, and national security.” According to EPA, this increased enforcement...

On January 15, 2026, the Organisation for Economic Co-operation and Development (OECD) will hold a webinar on its recent report, Synthesis Report on Understanding Fluoropolymers and Their Life Cycle. As reported in our December 15, 2025, blog item, the report provides a synthesis of the global fluoropolymer market, exploring the identities and life cycles of fluoropolymers, the presence of other per- and polyfluoroalkyl substances (PFAS) in commercial products, their degradation through...

The New York State Department of Environmental Conservation (NYS DEC) issued on December 11, 2025, a suite of per- and polyfluoroalkyl substances (PFAS) response actions and resources intended to protect communities. The materials released include a new progress report detailing New York State’s leadership in addressing PFAS; a new study on the presence of PFAS on the landscape; final wastewater treatment plant guidance that protects drinking water and other surface waters; proposed new...

On November 14, 2025, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Synthesis Report on Understanding Fluoropolymers and Their Life Cycle. The report provides a synthesis of the global fluoropolymer market, exploring the identities and life cycles of fluoropolymers, the presence of other per- and polyfluoroalkyl substances (PFAS) in commercial products, their degradation through processing, use, and end-of-life treatment, as well as their...

On December 18, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing on “Examining the Impact of EPA’s CERCLA Designation for Two PFAS Chemistries and Potential Policy Responses to Superfund Liability Concerns.” In May 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive...

The United Nations (UN) Special Rapporteur on toxics and human rights has called for input on a thematic report on “forever chemicals (PFAS) and human rights.” According to the UN, the report will identify how the adverse impacts of per- and polyfluoroalkyl substances (PFAS), including pathways to exposure, relate to potential human rights violations. The report “will also analyze gaps and shortcomings in the national, regional, and multilateral legal frameworks governing forever...

On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) published in the Minnesota State Register a final rule regarding per- and polyfluoroalkyl substances (PFAS) in products reporting and fees. MPCA revised the proposed rule to correct defects identified by an August 2025 administrative law judge’s (ALJ) report. MPCA also made other non-substantial changes. Under the final rule, manufacturers of products containing intentionally added PFAS are required to report certain...

Beginning July 1, 2026, Connecticut will require that certain consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS) be labeled. The products subject to the labeling requirement include apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss; fabric treatments; juvenile products; menstruation products; textile furnishings; ski wax; or upholstered furniture. Under an order that took effect December 1, 2025, the following phrases...

Headlines regarding the U.S. Environmental Protection Agency’s (EPA) most recent proposed update to the one-time per- and polyfluoroalkyl substances (PFAS) reporting rule under Toxic Substances Control Act (TSCA) Section 8(a)(7) have been dominated by the rule’s new exemptions and the significant narrowing of responsibility and burden that industry stakeholders will face if the rule becomes final. But, buried in the preambular text -- Unit III.A.2 to be precise -- are a few paragraphs that...

On November 14, 2025, the U.S. Environmental Protection Agency (EPA) further postponed the effective date of the Toxic Substances Control Act (TSCA) Section 6(g) exemption requirements in the final risk management rule for tricholoroethylene (TCE) until February 17, 2026. 90 Fed. Reg. 51027. According to EPA’s November 13, 2025, press release, “[t]his will ensure that the timing of EPA’s administrative stay aligns with the court’s timeframe for this action.” EPA’s December 17, 2024,...

On November 19, 2025, the U.S. Senate Committee on Environment and Public Works will hold a hearing examining per-and polyfluoroalkyl substance (PFAS) cleanup and disposal policy. The Committee is scheduled to hear from the following witnesses: Eric Gerstenberg, Co-Chief Executive Officer, Clean Harbor; Leah Pilconis, General Counsel, Associated General Contractors of America; and Kate R. Bowers, Supervisory Attorney, Congressional Research Service.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is rescheduling the November 18, 2025, preparatory meeting for the Science Advisory Committee on Chemicals (SACC). The meeting to consider the scope and clarity of the draft charge questions for SACC’s peer review of EPA’s draft risk evaluation for octamethylcyclotetrasiloxane (D4) will now be held virtually on December 1, 2025. Registration for the meeting is open. To present oral comments during the...

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2025, that it will publish a final rule extending the compliance date for laboratories using methylene chloride to ensure long-term compliance with the requirements of the May 2024 final risk management rule. According to EPA, the final rule will extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months, aligning them with the dates required for federal...

On October 29, 2025, Public Employees for Environmental Responsibility (PEER) announced that it filed an Information Quality Act (IQA) request with the U.S. Environmental Protection Agency (EPA) regarding statements on EPA’s website that perfluorooctanoic acid (PFOA) has been phased out of domestic production. According to PEER, two EPA publications on its website contain erroneous information about PFOA: “EPA Questions and Answers About TSCA,” Q8 states: “[Is] … perfluorooctanoic acid...

The New Mexico Environment Department (NMED) has posted frequently asked questions (FAQ) regarding New Mexico’s Per- and Polyfluoroalkyl Substances (PFAS) Protection Act labeling requirements. As reported in our October 15, 2025, memorandum, NMED petitioned New Mexico’s Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act, including labeling requirements, and EIB voted to proceed with the rulemaking during its October 24, 2025, meeting....

On October 29, 2025, the Senate Committee on Environment and Public Works favorably reported several nominations, including Jeffrey Hall to be an Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA) and Douglas Troutman to be Assistant Administrator for Toxic Substances at EPA, each by a vote of ten to nine along party lines. The Committee considered Hall’s nomination during a July 23, 2025, hearing, during...