States Issues

Lynn L. Bergeson, "The Rise of Ingredient Disclosure: The California and New York Experience," Environmental Quality Management, Volume 28, Issue 3, Spring 2019.

In the recent past, two important states—California and New York—have launched extensive and precedent‐setting ingredient disclosure laws regarding cleaning products with the clear goal of prompting the deselection of certain chemical substances and forcing product reformulation. Industry prefers to refer to this trend as “ingredient communication,” a goal we can all agree is desirable. By whatever name, these state measures will have a significant impact on ingredient disclosure trends across product lines, likely well beyond their stated application to cleaning products. These state laws are summarized in this article, followed by a discussion of their similarities, key differences, and their implications.

Lynn L. Bergeson, "New York Disclosure Program Hits A Snag," Chemical Processing, February 18, 2019.

On January 9, 2019, the New York Department of Environmental Conservation (NYDEC) announced it was delaying its enforcement of the New York Household Cleansing Product Information Disclosure Program (NYDP) to October 2, 2019. NYDEC’s announcement was published in the Environmental Notice Bulletin. This article explains the significance of this development.

Lynn L. Bergeson, "California Adds Soluble Nickel To Prop 65," Chemical Processing, November 27, 2018.

The State of California now has over 900 chemical substances for which warning and labeling is required under Proposition 65 (Prop 65). Recently added to this list are soluble nickel compounds. Given the potential ubiquity of the substance, this could have big implications.

Lynn L. Bergeson, "Chemical Compliance: Deadline Looms for Prop 65," Chemical Processing, April 20, 2018.

In just a few short months, on August 30, 2018, the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations will come into force. By then, companies must be compliant with the revised regulations for consumer product, occupational and environmental exposures.

Lynn L. Bergeson, "Prepare Now," Manufacturing Today, February 6, 2018.

Big changes are in store for regulated entities subject to Prop 65 based on a rule implemented in August 2016, but with a fast-approaching enforcement date of Aug. 30, 2018.

Lynn L. Bergeson, "Proposition 65 warning regulations must change—and soon!," Environmental Quality Management, Volume 27, Issue 2, Winter 2017.

Proposition 65 (Prop 65) is very much a part of the “right-to-know” landscape in California and, as we all know, Prop 65 warnings are especially visible in that state. This much is clear. What may be less clear are the sweeping changes in the “clear and reasonable warning” requirements now scheduled to take effect from August 30, 2018. This date may seem like a long way off, but it is right around the corner in terms of coming into compliance with these dramatic changes. This Washington Watch column summarizes the new warning requirements and the reasons why companies need to focus now on these changes.

Lynn L. Bergeson, "Warning Labels: Q&A Clears Up Proposition 65," Chemical Processing, November 14, 2017.

California’s Proposition 65 (Prop 65) has been a keen area of client interest for years. One question repeatedly asked is “what is a clear and reasonable warning?” The California Office of Environmental Health Hazard Assessment (OEHHA) released a Questions and Answers for Businesses (Q&A) document specifically covering “clear and reasonable warnings” requirements. The Q&A aims to help companies comply with new Prop 65 notice requirements that become effective next August. This column explains the significance of this Q&A document.

Lynn L. Bergeson, "California Targets Cleaning Product Ingredients," Chemical Processing, October 30, 2017.

On October 15, 2017, California governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017. The law requires manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website. The online disclosure requirements apply to a designated product sold in California on or after January 1, 2020, while the product label disclosure requirements cover products sold in California on or after January 1, 2021.

Lynn L. Bergeson, "EPA Targets Formaldehyde Vapors," Chemical Processing, January 2, 2017.

On December 12, 2016, the U.S. Environmental Protection Agency (EPA) issued a long-awaited final rule to reduce exposure to formaldehyde vapors from certain wood products produced domestically or imported into the United States. Formaldehyde is found in the adhesives used in a range of composite wood products. This column summarizes the new rule.

Lynn L. Bergeson, "Minnesota Adds Several Nanomaterials to List of Chemicals of High Concern," Nanotechnology Now, September 29, 2016.

On September 13, 2016, the Minnesota Department of Health (MDH) announced the availability of an updated list of chemicals of high concern. See http://www.health.state.mn.us/divs/eh/hazardous/topics/toxfreekids/highconcern.html#list

Lynn L. Bergeson, "Evolving Global Chemical Management Programs and Why They Matter," Trends, the ABA Section of Environment, Energy, and Resources Newsletter, November 2014.

Chemicals play a central role in our personal and professional lives. As consumers, we focus keenly on the chemicals in the products we use and with which we come into contact. Globalization and the emergence worldwide of sophisticated chemical management programs invite complex legal, commercial, and scientific challenges. These challenges extend far beyond compliance questions that, by comparison, seem now nostalgically straightforward. Understanding these programs and their evolution can only help inform our judgment as lawyers, consultants, and educated consumers.

Lynn L. Bergeson, "Chemical Compliance: California Calls for Changes to Prop 65," Chemical Processing, April 10, 2014.

On March 7, 2014, the California Office of Environmental Health Hazard Assessment (OEHHA) released a proposal for a draft regulation amending Proposition 65 regulations. The proposal seeks changes to the warning requirements to include more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their exposure to these chemicals. This column explains this proposal and its significance.

Lynn L. Bergeson, "Brave New World: California Finalizes Safer Consumer Products Regulations," Environmental Quality Management, Spring 2014.

It is official. California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC) Safer Consumer Products regulations, and the program went into effect on October 1, 2013. The regulations mark the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm. This new program is a true game-changer, and it will have profound national and international business, regulatory, and commercial implications for consumer product manufacturers and others for the reasons noted in this Washington Watch article. 

Lisa R. Burchi, "DTSC Releases Final Safer Consumer Products Regulations," ABA Section of Environment, Energy, and Resources Chemicals, Chemicals Regulation, and Right-to-Know Committee Newsletter, November, 2013.

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or department) Safer Consumer Products Regulations (regulations). The regulations took effect on October 1, 2013. The regulations are the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm.

The scope of the regulations, including the four core elements of the regulations—candidate chemicals, priority products (PP), alternatives analysis (AA), and regulatory responses—is discussed.

Lynn L. Bergeson, "Toxic Chemicals: Prepare for Product Regulations," Chemical Processing, October 15, 2013.

The California Department of Toxic Substances Control (DTSC) Safer Consumer Products Regulations are now in effect (See "California Cracks Down on Chemicals"). While the most onerous requirements for "responsible entities" (manufacturers, importers, assemblers and retailers) will not hit for a while, companies should consider taking some initial steps now to understand how these regulations may affect operations in the future.

Lynn L. Bergeson, "California Cracks Down On Chemicals," Chemical Processing, September 16, 2013.

On August 23, 2013, the California Department of Toxic Substances Control (DTSC) released changes to the near final Safer Consumer Products Regulations (SCPR). These game-changing regulations took effect October 1, 2013. This column broadly outlines the rule and summarizes the changes.

Lynn L. Bergeson, co-author, "A Multi-Stakeholder Perspective on the Use of Alternative Test Strategies for Nanomaterial Safety Assessment," ACS Nano, August 7, 2013.

This article presents the results of a January 2013 workshop convened at the California NanoSystems Institute of the University of California, Los Angeles (UCLA) and hosted by the University of California Center for the Environmental Implications of Nanotechnology, as well as the UCLA Center for Nanobiology and Predictive Toxicology. Using carbon nanotubes as a case study, national and international leaders from government, industry, and academia discussed the utility of alternative test strategies (ATS) for decision-making analyses of engineered nanomaterials (ENM). After discussions, participants generated a short list of generally shared viewpoints, including a general view that ATS approaches for ENMs can significantly benefit chemical safety analysis. The article is available for purchase online.

Lynn L. Bergeson, "Obama’s Second Term: What Does It Mean for US EPA and the Regulated Community?," Environmental Quality Management, Spring 2013.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels.

Lynn L. Bergeson, "One Step Closer:  California Proposes Safer Consumer Products Regulations," Environmental Quality Management, Winter 2012.

The California Department of Toxic Substances Control (CDTSC) is one step closer to implementing the state’s Green Chemistry Initiative (GCI), which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. These are not “garden variety” chemical regulations that impose a restriction here or there to prevent a perceived risk. Far from it. These regulations are game-changers. They ultimately will transform the way manufacturers select raw materials and make consumer products. As a result, these regulations are likely to influence significantly — and permanently — the way consumer products are conceived, formulated, and distributed. This “Washington Watch” column summarizes the core elements of the proposed Safer Consumer Products Regulations, highlighting significant changes from prior proposals.

Lynn L. Bergeson, "Safer Consumer Products Regulations: One Step Closer," Pollution Engineering, October 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much-anticipated regulatory implementation of the state’s Green Chemistry Initiative.

Lynn L. Bergeson, "California Aims For Safer Consumer Products," Chemical Processing, August 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much anticipated regulatory implementation of California's Green Chemistry Initiative. Below is a summary of the core elements of the proposed regulations -- chemicals of concern (COC), priority products (PP), alternative analysis (AA), and regulatory responses.

Lynn L. Bergeson, "Dreaming No Longer:  California Issues Draft Safer Consumer Products Regulations," Environmental Quality Management, Spring 2012.

On October 31, 2011, the California Department of Toxic Substances Control (CDTSC) released an “informal draft” of its Safer Consumer Products Regulations. The draft does a good job of outlining how CDTSC intends to implement key mandates contained in the state’s Green Chemistry Initiative, which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. This “Washington Watch” column summarizes key provisions of this precedent-setting, game-changing regulatory development.

Lynn L. Bergeson, "Predictions for EPA’s Office of Chemical Safety and Pollution Prevention," ABA Section of Environment, Energy, and Resources, Pesticides, Chemical Regulation, and Right-To-Know Committee Newsletter, February 2012.
Lynn L. Bergeson, "TSCA Reform:  Business Strategies in Times of Political Gridlock," CHEManager Europe, March 2012.

Most would agree that legislative reform of the U.S. Toxic Substances Control Act (TSCA) is long overdue. Few agree on what to change and how best to proceed. If you throw in the 2012 presidential election, you have gridlock. Commerce marches on, however, and with the Environmental Protection Agency reinventing TSCA implementation in innovative and effective ways, Reach setting the new global tone, and California creating a new template for sustainable consumer products, TSCA reform is at risk of becoming a distracting afterthought. Stakeholders must develop new strategies to survive and flourish in these fast-changing times.

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.”

Lynn L. Bergeson, "SCPA Delays Could Impact Industry," Chemical Processing, January 2011.

In response to concerns expressed by diverse stakeholders over the final draft of its Safer Consumer Product Alternatives (SCPA) regulations, the California Environmental Protection Agency (CalEPA) has delayed implementation of the regulations, which focus on chemicals and chemical ingredients in consumer products. The net effect of this recent development on the regulation of chemical substances in consumer products in California is uncertain. This column discusses the recent change in plans and its implications for the chemical community.

Bergeson & Campbell, P.C., "California DTSC Issues DCI for Nano Metals, Nano Metal Oxides, and Quantum Dots," Nanotechnology Industries Association Newsletter, January 12, 2011.

On December 21, 2010, the California Department of Toxic Substances Control (DTSC) issued a much anticipated data call-in (DCI) for information regarding analytical test methods, and other relevant information, from manufacturers of nano silver, nano zero valent iron, nano titanium dioxide, nano zinc oxide, nano cerium oxide, and quantum dots.

Bergeson & Campbell, P.C., "Delayed Implementation of Safer Consumer Product Alternatives Regulations: Implications for Nanoscal," Nanotechnology Industries Association Newsletter, January 1, 2011.

In response to concerns vigorously expressed by diverse stakeholders over the final draft of the Safer Consumer Product Alternatives (SCPA) Regulations, the California Environmental Protection Agency (CalEPA) has effectively delayed implementation of the much-anticipated regulations.

Lynn L. Bergeson, "Washington:  California Is Setting Precedent," Manufacturing Today, Fall 2010.

The California Department of Toxic Substances Control (DTSC) released on June 23, 2010, draft regulations implementing California’s precedent-setting and game-changing Green Chemistry Initiative. Manufacturers need to understand how this controversial regulatory program may operate, and why it will alter forever the way consumer products are designed and manufactured.


 
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