Archives

January 20, 2023

French NGO Claims Certain Everyday Products Contain Unlabeled Nanomaterials

L’association de veille et d’information civique sur les enjeux des nanosciences et nanotechnologies (AVICENN), a French non-governmental organization (NGO), announced on December 15, 2022, publication of a report entitled Searching for [Nanos] in Everyday Products. AVICENN sought to obtain an “overview of ‘nano impregnation’ in everyday consumer products in 2021-2022.” AVICENN selected products from categories already tested (food products, cosmetics, and medicines)...
July 20, 2022

United States Court of Appeals for the Eleventh Circuit Reverses U.S. District Court’s Ruling on Failure to Warn Claim in Glyphosate Case

On July 12, 2022, the U.S. Court of Appeals for the Eleventh Circuit (Court) issued an opinion in Carson v. Monsanto that reverses a ruling by the U.S. District Court for the Southern District of Georgia (District Court) that the Plaintiff’s failure to warn claim under Georgia law was preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Plaintiff alleged that Monsanto’s label for its product Roundup®, which contains the active ingredient glyphosate,...
October 12, 2021

EPA Region 2 Settles with Reckitt Benckiser on Violations Related to Sales of Mislabeled Rodenticides

On October 7, 2021, U.S. Environmental Protection Agency (EPA) Region 2 announced a settlement with Reckitt Benckiser, LLC (Reckitt Benckiser) regarding alleged violations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The specific alleged violations relate to 239 sales and distributions of two rodenticide products in the United States that EPA asserts had misleading advertising claims on the packaging. Reckitt Benckiser has agreed to pay a civil penalty of...
May 13, 2021

EPA Settles with Sutter County’s Bear River Supply for Selling Misbranded Pesticides

The U.S. Environmental Protection Agency (EPA) announced on May 6, 2021, that Bear River Supply Inc., based in Rio Oso, California, has agreed to pay a $50,578 penalty to resolve EPA’s findings that the Company produced pesticides in an unregistered establishment, distributed and sold misbranded pesticides, and failed to maintain equipment properly. According to EPA, the California Department of Pesticide Regulation (CDPR) and EPA discovered the violations during a series of...
June 30, 2020

District Court Rules That Prop 65 Warning for Glyphosate Is Barred by the First Amendment and Grants Permanent Injunction against Enforcement

On June 22, 2020, the U.S. District Court for the Eastern District of California granted summary judgment for the Plaintiffs in National Association of Wheat Growers et. al. v. Becerra, and entered a permanent injunction against enforcement of a Proposition 65 (Prop 65) warning label for pesticide products containing glyphosate.  The court found that requiring the registrants of glyphosate products to include such a warning could not be justified as a valid restriction on commercial...
January 3, 2019

CDPR Issues Notice 2018-26 for Changes to Notice of Decision and Public Report Documentation

On December 28, 2018, the California Department of Pesticide Regulation (DPR) issued Notice 2018-26 changing its Notice of Decision (NOD) and public report documentation for proposed registration decisions to ensure continued compliance with its certified regulatory program obligations under the California Environmental Quality Act (CEQA).  The new changes to the NODs and public report documentation will be effective May 1, 2019. These changes are as a result of a 2014...
May 14, 2018

D.C. District Court Provides Reasons for Denying Defendant’s Motion to Dismiss in Glyphosate Case

On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege that certain glyphosate label claims violate the District of Columbia Consumer Protection Procedures Act (DCCPPA) (Opinion).  The order denying Monsanto’s motion to dismiss was issued on March 31, 2018, but did not provide any substantive discussion as...
March 12, 2018

EPA Releases Final Guidance on Placement of First Aid Statements on Pesticide Labels

On March 8, 2018, the U.S. Environmental Protection Agency (EPA) announced its release of final guidance clarifying where first aid statements should appear on the label of pesticide products.  EPA also posted a response to public comments.  Links to the final guidance and to the response to public comments documents are below: EPA states that it was prompted to develop this guidance when it learned “that there was a discrepancy in how the ‘location of...
March 9, 2018

EPA Issued Proposed Rule to Add Hazardous Waste Aerosol Cans to Universal Wastes Regulated under RCRA

On March 6, 2018, the U.S. Environmental Protection Agency (EPA) issued a proposed rule (pre-publication version available here) to add hazardous waste aerosol cans to the category of universal wastes regulated under the federal Resource Conservation and Recovery Act (RCRA) regulations (Title 40 of the C.F.R., Part 273), entitled Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations.  EPA cites as authority for this change Sections 2002(a), 3001, 3002, 3004, and...
November 8, 2017

California DPR Issues Guidance Intended to Align with EPA’s Secondary Container Labeling for Pesticides

On Friday, November 3, 2017, the California Department of Pesticide Regulation (DPR) issued guidance (California Notice 2017-13) that DPR indicates is intended to align DPR policy with the U.S. Environmental Protection Agency’s (EPA) guidance on secondary container labeling for pesticides.  DPR’s guidance states that secondary containers are used by the pesticide industry as part of the process of applying pesticides and “cannot be sold or distributed.”  The guidance further...
August 5, 2016

President Signs Bill Creating National GMO Food Disclosure Standard

On July 29, 2016, President Obama signed into law Senate Bill 764 (S. 764), creating a national bioengineered food disclosure standard. This law requires companies to provide information on food packaging directing customers to a website or phone line for more information about genetically modified organisms (GMO) that are present in the food product. S. 764 also contains specific language preempting State regulations on "labeling of whether a food (including food served in a restaurant...
July 7, 2016

EPA’s Discretion on Whether to Require Inert Ingredients Disclosure Upheld

On June 29, 2016, the U.S. District Court for the Northern District of California (Court) issued an opinion dismissing the complaint and denying the motion for summary judgment of the Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility (CEH, et al.), and granting the U.S. Environmental Protection Agency’s (EPA) motion for summary judgment.  Background This case stems from a petition filed in 2006 requesting EPA to initiate a rulemaking to...
August 15, 2015

EPA Issues Guidance Regarding Prop 65 Labeling Requirements for Glyphosate Products and OEHHA Responds

On August 7, 2019, EPA took long awaited action concerning the inclusion of Prop 65 warning statements for glyphosate on EPA registered pesticide labels, which will likely impact the broader ongoing debate over EPA approval of Prop 65 warnings on pesticide labels.  EPA’s August 7, 2019, letter to glyphosate registrants states that EPA “will no longer approve labeling that includes the Proposition 65 warning statement for glyphosate-containing products.”  EPA stated...
December 12, 2014

EU Requirement to List Engineered Nanomaterials in Food Labeling Will Take Effect December 13

The European Commission (EC) issued a December 11, 2014, press release concerning European Union (EU) food labeling requirements that will take effect December 13, 2014.  The European Parliament and the Council adopted the requirements in 2011.  The requirements are intended to ensure that consumers receive clearer, more comprehensive, and accurate information on food content, and help them make informed choices about what they eat.  Under the requirements, all ingredients present in the...
October 31, 2014

USDA Proposes Amended Guidelines For Biobased Products For Federal Procuremen

On October 27, 2014, the U.S. Department of Agriculture (USDA) proposed to amend the regulations for the Voluntary Labeling Program for Biobased Products under USDA's BioPreferred Program. As explained in the Federal Register notice, the proposed amendments are needed to address certain legislative requirements in the 2014 Farm Bill that cannot be implemented without further guidance. Specifically, the proposed amendments allow for USDA promotion of biobased products regardless of date of...
October 24, 2012

Safe Work Australia Recommends Classification of Carbon Nanotubes as Hazardous Chemicals

On October 22, 2012, Safe Work Australia announced the availability of a report entitled Human Health Hazard Assessment and Classification of Carbon Nanotubes, as well as an information sheet on the report. The report recommends that multi-walled carbon nanotubes should be classified as hazardous unless toxicological or other data for specific types imply otherwise. The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) prepared the report in support of Safe Work...
October 18, 2012

ECHA Will Hold Webinar on REACH Registration Dossiers for Nanomaterials and Creates Nanomaterials Working Group

On October 30, 2012, the European Chemicals Agency (ECHA) will hold a webinar entitled “How to ensure the safe use of nanomaterials under REACH Part I: Characterisation of nanoforms of substances in registration dossiers.” According to ECHA, the webinar will provide information to registrants on the type of information to be included in a Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration dossier for a substance with nanoform(s). In addition, on...
May 16, 2012

U.S. Delegation May Present Nanotechnology Guidance at UN GHS Subcommittee Meeting

The U.S. delegation to the July 4-6, 2012, meeting of the United Nations (UN) Subcommittee of Experts on the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) is considering presenting an information paper on how to classify nanomaterials under the GHS. According to Kathy Landkrohn, Occupational Safety and Health Administration (OSHA) Directorate of Standards and Guidance, the paper would be presented under a work group examining the types of physical and chemical...
April 18, 2012

ECHA Forwards Draft Guidance Concerning Nanomaterials to CARACAL

The European Chemicals Agency (ECHA) sent three new draft appendices to Chapters R.8, R.10, and R.14 of the guidance on information requirements and chemical safety assessment concerning recommendations for nanomaterials to the Competent Authorities for Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and Classification, Labeling, and Packaging (CLP) (CARACAL). The draft appendices are based on the results of the REACH Implementation Project on Nanomaterials...
April 5, 2012

B&C and Acta Will Hold an OSHA GHS Webinar

Bergeson & Campbell, P.C. (B&C) and The Acta Group, L.L.C. (Acta) will hold a complimentary webinar on April 18, 2012, from 1:30 to 3:30 p.m. (EDT) on the Occupational Safety and Health Administration’s (OSHA) final rule revising the OSHA Hazard Communication Standard (HCS) issued on March 26, 2012. The final rule aligns the HCS with the United Nations’ Globally Harmonized System for Chemical Classification and Labeling (GHS). OSHA estimates the rule is expected to...