Lynn L. Bergeson, “Expert Focus: TSCA and Liability under the False Claims Act – a Potentially Promising Area,” Chemical Watch, July 26, 2019.
A federal appellate court recently decided a case brought under the FCA’s reverse false claims provision premised on alleged non-compliance with a TSCA reporting obligation. Kasowitz Benson Torres LLP v. BASF Corp. As discussed in this article, while the court dismissed the case, it did so for fact-specific reasons and creative plaintiff lawyers can be expected to rely upon the FCA in the future to bring actions based on other TSCA provisions.