March 1, 2011

Lynn L. Bergeson, “Selling Green: US FTC Releases Proposed Revisions to the ‘Green Guides’,” Environmental Quality Management, Spring 2011.

After more than three years of discussion, research, review, and debate, the United States Federal Trade Commission (US FTC) released proposed revisions to its Guides for the Use of Environmental Marketing Claims (the “Green Guides”) in late 2010. The Green Guides provide FTC “guidance” on what is and is not appropriate in the ever-fluid area of environmental marketing. They are designed to help product marketers avoid making false and misleading environmental claims that might violate...
March 1, 2011

Lynn L. Bergeson, “OSHA Updates PPE Standards,” Chemical Processing, March 2010.

On February 15, 2011, the Occupational Safety and Health Administration (OSHA) issued a revised directive that provides enforcement guidance on determining whether employers have complied with OSHA's personal protective equipment (PPE) standards. The Enforcement Guidance for Personal Protective Equipment in General Industry, CPL 02-01-050, is the latest word from OSHA on PPE, and an important document for employers and employees alike.
February 24, 2011

Lynn L. Bergeson, “2010 Elections Could Impact EPA Programs,” Chemical Processing, December 2010.

The 2010 Congressional elections will likely significantly impact policy and legislative developments in the U.S. Environmental Protection Agency's (EPA) regulation of chemicals and pesticides. The decline in the number of elected House Democratic members will make for some significant differences in EPA's budget, legislative proposals and general operations. Meanwhile, some newly elected senators stridently oppose government expansion and want to rein in federal deficit spending, which could...
February 17, 2011

Lynn L. Bergeson, “Workplace Falls Get Fresh Attention,” Chemical Processing, August 2010.

The U.S. Occupational Safety and Health Administration (OSHA) is tackling a major source of industrial injuries -- slips, trips and falls on workplace surfaces. On May 24, OSHA proposed significant revisions to Subparts D and I of the general industry standards dealing with walking-working surfaces and personal protective equipment (PPE), respectively. This column outlines the reasons why OSHA believes changes are needed to protect workers, and key revisions to these standards.
February 4, 2011

Bergeson & Campbell, P.C., “South Korea Chemicals Program Targets Nanomaterials,” Nanotechnology Industries Association Newsletter, February 4, 2011.

The United Nations' Strategic Approach to International Chemicals Management (SAICM) urges each nation to make efforts to reduce hazards associated with the use of chemicals. In response to this request, South Korea recently has taken steps to implement a process for the management of chemicals with the objective of minimizing the harmful effects that substances have on human health and the environment.
February 4, 2011

James V. Aidala, “Make My Day! – Registrant Gets Court To Order EPA To Cancel Their Product,” Pesticide and Chemical Policy, February 4, 2011.

Reckitt Benckiser is a manufacturer of a variety of household cleaning and pesticide products, including rodenticides, sold widely under the D-Con brand. In recent years Reckitt Benckiser has formulated rodenticide products using what is known as a “second-generation” anti-coagulant, brodifacoum. The term second-generation refers to the lack of resistance in rodents, which has developed in some cases to earlier, “first-generation” anti-coagulant products, such as warfarin.
January 31, 2011

Lynn L. Bergeson, “Emerging Nanomaterial Governance Systems: The State of Play,” Molecular Imaging, January-February 2011.

Domestic laws, their implementing regulations and policies, and government and private-party governance programs are now being carefully reviewed and revised to enhance their utility to manage the potential risks posed by nanoscale materials. Whether existing laws and their implementing programs are adequate to address such risks will continue to inspire debate and legislative and regulatory initiatives for years to come. This article reviews existing legal and governance oversight systems and...