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March 18, 2014

Draft List of Products Will Test California’s Safer Consumer Products Program, Markets

Bergeson & Campbell, P.C.

Lynn L. Bergeson was quoted in a Bloomberg BNA Daily Environment Report article, “Draft List of Products Will Test California’s Safer Consumer Products Program, Markets.“  

Draft Could Trigger Litigation. The draft list could trigger litigation challenging the regulations, the listed products or even DTSC’s implementation of the program rules, Washington D.C.-based attorney Lynn Bergeson of Bergeson & Campbell told Bloomberg BNA March 10. Businesses involved in marketing consumer products
in California should pay close attention to the DTSC’s draft list, Bergeson said. ‘I would be very watchful,’ she said of the draft list, ‘and very mindful of the chemicals in the products.’

The draft list will reveal a number of things, such as what chemicals are driving DTSC’s priority product selection process, Bergeson said. Manufacturers and other regulated entities need to be mindful of their legal obligations under the regulations, she said.

Guidance From Green-Ribbon Panel. The agency is working with its advisory council, the Green Ribbon Science Panel, to develop a guidance document to help regulated entities conduct the alternative analyses. Bergeson said the alternatives analyses process will force the regulated entities and other interested parties to ‘coalesce as a group’ to determine which entity will be notifying DTSC and which will be conducting the analysis. ‘The alternative analysis is going to be challenging,’ Bergeson said. ‘‘It’s the central component of the Green Chemical program and it’s very important to get it right.’’

Regulators have to understand that not all consumer products or manufacturing processes are identical. Deselecting some chemicals and replacing them with alternatives is a tall order, Bergeson said. Still, California’s regulations are intended to result in a disciplined, science-based and transparent process, capable of demonstrating good results, Bergeson said.”