July 22, 2024

PFAS – What to Know Now, and What to Expect

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...
September 11, 2024

Petitions Filed to Add Several Chemicals to List of Taxable Substances; Comments Due November 4, 2024

On September 3, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: Comments and requests for a public hearing are due November 4, 2024. More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need...
September 10, 2024

SEC Announces Settlement with Keurig for Statements Regarding the Recyclability of K-Cup Pods

The U.S. Securities and Exchange Commission (SEC) announced on September 10, 2024, that it charged Keurig Dr Pepper Inc. (Keurig®) with making inaccurate statements regarding the recyclability of its K-Cup® single-use beverage pods. To settle SEC’s charges, Keurig agreed to pay a $1.5 million civil penalty. SEC’s order states: Beginning in or around 2016, Keurig performed tests of its pods at various recycling facilities, in which Keurig tracked the progress of pods throughout the...
September 10, 2024

NIFA Announces $5.3 Million Investment in Biotechnology Risk Assessment Research

The Biotechnology Risk Assessment Grants (BRAG) program supports the development of new information that will assist federal regulatory agencies in making evidence-based decisions about the effects of genetically engineered organisms on the environment. BRAG is co-administered by the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) and Agricultural Research Service (ARS) and jointly funded by NIFA, ARS, and USDA’s Forest Service. NIFA announced on...
September 6, 2024

DOD Announces Seven Awards via the Distributed Bioindustrial Manufacturing Program

On August 20, 2024, the U.S. Department of Defense (DOD) announced seven additional awards to bioindustrial firms via the Distributed Bioindustrial Manufacturing Program (DBIMP), bringing the DBIMP to 13 awards to date totaling $23 million. The following companies will receive funding to produce business and technical plans that detail construction of domestic bioindustrial manufacturing production facilities: Successful projects that were selected under the competitive announcement can receive...
September 6, 2024

House Subcommittee Will Hold Legislative Hearing on Evaluating FDA Human Foods and Tobacco Programs

On September 10, 2024, the House Energy and Commerce Subcommittee on Health will hold a legislative hearing on “Evaluating FDA Human Foods and Tobacco Programs.” According to the Committee’s September 3, 2024, hearing announcement, the hearing will give members a chance to hear from the head of the Human Foods Program, as well as the head of the Tobacco Center, to learn how the U.S. Food and Drug Administration (FDA) is “helping adult smokers quit,...
September 5, 2024

BETO Calls for Feedstock-Conversion Interface Consortium Industry Partnerships

The U.S. Department of Energy (DOE) announced on September 4, 2024, that its Bioenergy Technologies Office (BETO) is overseeing a call for industry partnerships to connect industry stakeholders with the capabilities of the Feedstock-Conversion Interface Consortium (FCIC). According to DOE, the funding opportunity will provide resources that allow partners to collaborate with FCIC researchers to address the cost and risk impacts of feedstock and process variability across the bioenergy and...
September 4, 2024

EPA Will Postpone Submission Period for TSCA Section 8(a)(7) Reporting on PFAS

The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS) to make a “one-time modification” to change the data submission period from November 12, 2024, through May 8, 2025, to July 11, 2025, through January 11, 2026. For any reporter who is reporting exclusively as an article...
August 30, 2024

EPA Will Hold September 19, 2024, Webinar on “A Safer Choice for Cleaning: Increasing Access to Products with Safer Ingredients”

The U.S. Environmental Protection Agency (EPA) will hold a webinar on September 19, 2024, on “A Safer Choice for Cleaning: Increasing Access to Products with Safer Ingredients.” Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, will host a webinar on how EPA’s Safer Choice program helps people find and have access to cleaning and other products made with safer ingredients and how the program works in partnership with a broad range of stakeholders to...
August 29, 2024

EPA Calls for Nominations for 2025 Green Chemistry Challenge Awards

The U.S. Environmental Protection Agency (EPA) announced on August 29, 2024, that it is now accepting nominations for the 2025 Green Chemistry Challenge Awards from companies or institutions that have developed a new green chemistry process or product that helps protect human health and the environment. According to EPA, its “efforts to speed the adoption of this revolutionary and diverse discipline have led to significant environmental benefits, innovation and a strengthened economy.” EPA...
August 29, 2024

EPA Will Hold Webinars on Next Round of Chemicals to Be Considered for Prioritization under TSCA

The U.S. Environmental Protection Agency (EPA) will hold two virtual public meetings, on September 30 and October 1, 2024, to provide information regarding existing chemical pre-prioritization and prioritization activities under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 68894. EPA states in its August 28, 2024, notice that “[t]he purpose of prioritization is to designate a chemical substance as being either high priority for immediate further risk evaluation, or low priority, for...