January 11, 2012

Lynn L. Bergeson, “FDA’s Regulation of Nanotechnology: Will the New Draft Guidance Help Industry?,” Nanotechnology Law & Business, Volume 8, Issue 3.

The U.S. Food and Drug Administration’s (FDA) approach to nanotechnology is the subject of intense interest for at least three reasons. First, many promising and visible applications of nano-technology include cosmetics, sunscreens, pharmaceuticals, dietary supplements, and medical devices. These products are subject to FDA jurisdiction under the Federal Food, Drug, and Cosmetic Act (FFDCA). Second, FDA faces unique challenges in regulating products of nanotechnology be-cause of the...
January 7, 2012

Lynn L. Bergeson, “Topical Briefing on recent Lawsuit filed against US FDA,” Nanotechnology Industries Association Newsletter, January 7, 2012.

On the 21st of December 2011, a U.S. coalition of nonprofit consumer safety and environmental groups filed a lawsuit against the U.S. Food and Drug Administration (FDA) for alleged failure to regulate what the coalition deems health and environmental risks stemming from nanotechnology-enabled products put on the market. The coalition was led by the International Center for Technology Assessment (ICTA) and represents the following plaintiffs: Friends of the Earth, Food and Water Watch, the Center...
January 7, 2012

Lynn L. Bergeson, “Topical Briefing on recent Lawsuit filed against US FDA,” Nanotechnology Industries Association Newsletter, January 7, 2012.

On the 21st of December 2011, a U.S. coalition of nonprofit consumer safety and environmental groups filed a lawsuit against the U.S. Food and Drug Administration (FDA) for alleged failure to regulate what the coalition deems health and environmental risks stemming from nanotechnology-enabled products put on the market. The coalition was led by the International Center for Technology Assessment (ICTA) and represents the following plaintiffs: Friends of the Earth, Food and Water Watch, the Center...
January 6, 2012

Lynn L. Bergeson, co-author, “Practical Advice for Product Steward Professionals on Remaining Competent, Socially Aware, and Scientifically Proficient,” BNA Daily Environment Report, January 6, 2012.

Consumer product manufacturers are challenged today as never before. Materials selection for consumer products invites a dizzying range of considerations: Are the chemicals hormone disruptors, carcinogens, or persistent, bioaccumulative, or toxic? What toxicogenomic biomarkers might make the product the next celebrity tort case? What labeling requirements apply? What are the implications of genetic variations among the demographic to which the product is to be marketed? These considerations, in...
January 1, 2012

Lynn L. Bergeson, “EPA Proposes New Use Rules:  Proposal could limit the use of 14 nanoscale substances,” Chemical Processing, January 2012.

The US Environmental Protection Agency (EPA) proposed on December 28, 2011, significant new use rules (SNURs) for 17 chemical substances that were the subject of premanufacture notices (PMN), including seven substances with the term carbon nanotube (CNT) and seven substances with the term fullerene in their respective names. These 14 substances are subject to consent orders under Section 5(e) of the Toxic Substances Control Act (TSCA). This column provides background on, and the implications of,...
January 1, 2012

Lynn L. Bergeson, “California’s New Safer Consumer Products Regulations,” Pollution Engineering, January 2012.

On October 31, 2011, the California Department of Toxic Substances Control (DTSC) released an informal draft of their Safer Consumer Products Regulations (SCPR). The proposal came after the California Secretary for Environmental Protection instructed DTSC to stop issuing proposed regulations and to instead “take additional time to be responsive to the concerns raised and revisit the proposed regulations.”...
December 30, 2011

Bergeson & Campbell, P.C., “EPA Publishes Proposed SNURs for 17 Chemicals, Including CNTs and Fullerenes,” Nanotechnology Industries Association Newsletter, December 30, 2011.

The U.S. Environmental Protection Agency (EPA) proposed on December 28, 2011, Significant New Use Rules (SNURs) (i.e. 76 Fed. Reg. 81447) for 17 chemical substances that were the subject of Premanufacture Notices (PMNs), including seven substances with the term carbon nanotube (CNT) and seven substances with the term fullerene in their respective names....
December 21, 2011

Lynn L. Bergeson, “The New Chemical Data Reporting Rule:  It’s More Than You Think,” Environmental Quality Management, Winter 2011.

Chemical data reporting under the Toxic Substances Control Act (TSCA) just got a lot harder. That’s because on August 16, 2011, the United States Environmental Protection Agency (US EPA) issued its final Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Rule....
December 16, 2011

Lynn L. Bergeson, “New TSCA Reporting Rule Compels Disclosure of Much Information,” American College of Environmental Lawyers, December 16, 2011.

The U.S. Environmental Protection Agency (EPA) published on August 16, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. 76 Fed. Reg. 50816. The rule authorizes EPA to collect and disclose information on the manufacturing, processing, and use of commercial chemical substances and mixtures listed on the TSCA Inventory. The CDR Rule also sets the upcoming submission period from...