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Chemicals Corporate Counsel

Alston & Bird

EPA Once Again Extends PFAS Reporting Deadline Under TSCA

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The Environmental Protection Agency (EPA) has again extended the reporting deadline for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. Our Environment, Land Use & Natural Resources Group...more

Kelley Drye & Warren LLP

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more

Wiley Rein LLP

EPA Overhauls Rules for Evaluating Existing Chemical Risks: Three Key Takeaways for Downstream Users

Wiley Rein LLP on

Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon...more

Seyfarth Shaw LLP

New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western States

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Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California...more

Perkins Coie

PFAS Litigation Expands Into “Mislabeling” Class Action Arena

Perkins Coie on

Per- and polyfluoroalkyl substances (PFAS) are a group of over 4,000 synthetic chemicals that have been used in industry and consumer products since the 1940s. These substances are identified by their chains of...more

BCLP

PFAS Update: Current State-by-State Consumer Products Regulations - March 2022

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Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more

Kelley Drye & Warren LLP

The Prop 65 Annual Conference: Notes from the Front 2020

(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Refuses to Allow Expanded OSHA Inspection

Occupational Safety and Health Administration workplace inspections are often triggered by an employee injury or complaint. In such circumstances, OSHA rules only permit the inspector to investigate the workplace safety...more

Fisher Phillips

Appeals Court Upholds Decision Limiting the Right of OSHA to Expand Inspections.

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Oct. 9, 2018 We've waited for over a year to learn if the 11th Circuit Court of Appeals would uphold an earlier court decision saying that OSHA could not expand an injury-based inspection by arguing that injury records and an...more

Kelley Drye & Warren LLP

Prop 65 Court Win for Cereal Manufacturers Sets the Table for Further Challenges to Warning Requirements

In a remarkable and perhaps precedent-setting decision, a California appellate court sided with cereal manufacturers in ruling that Proposition 65 cancer warnings for acrylamide were preempted by federal policy encouraging...more

Beveridge & Diamond PC

TSCA Reform Implementation and Expected 2018 Developments

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Some 20 months have passed since the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law, making wide and significant changes to the Toxic Substances Control Act (TSCA). During that time,...more

BCLP

French Competition Authority Ends 2017 With a Bang

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The French Competition Authority (“FCA”) ended the year with two punitive decisions: in both cases, the parties were severely sanctioned for obstructionist behavior. In the first decision dated 20 December 2017, the FCA...more

Thomas Fox - Compliance Evangelist

A ‘Most Daring Act’ and the SQM FCPA Enforcement Action – Part I

A most “daring act” seems to be a good way to introduce a multi-part look at the recent Foreign Corrupt Practices Act (FCPA) enforcement action involving the Chilean chemicals and mining company Sociedad Química y Minera de...more

Kelley Drye & Warren LLP

EU Legislative Outlook 2017: At A Glance

Sixty years ago in March, Belgium, France, Italy, Luxembourg, the Netherlands and West Germany signed the Treaty of Rome, creating the economic union that today is the European Union (EU). The founding nations perhaps never...more

K&L Gates LLP

WARNING: Proposition 65 Warning Requirements Have Changed

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Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in...more

Seyfarth Shaw LLP

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

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Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

BakerHostetler

Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies

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On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety...more

Bond Schoeneck & King PLLC

Toxic Tort and Environmental Litigation: What Does a Reformed TSCA Mean for Private Rights of Action Under State Law? (9/16)

As we reported, on June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety Reform for the 21st Century Act (the Act) into law, enacting the Toxic Substances Control Act’s (TSCA) first reform in its four...more

Kelley Drye & Warren LLP

U.S. EPA Initiates First Bid to Restrict or Ban a Chemical – Trichloroethylene (TCE) – Under “New” TSCA

The U.S. Environmental Protection Agency (EPA) has launched the first effort under the recently amended Toxic Substances Control Act (TSCA) to restrict or ban a chemical. The new proposed rule, which was sent for Office of...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA...more

Latham & Watkins LLP

Chemicals Legislation Faces New Reforms in the UK, Europe and US post Brexit

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Barack Obama signed the bipartisan Frank R. Lautenberg Chemical Safety for the 21st Century Act on 22 June of this year. This Act, which came into immediate effect, amends the core provisions of the Toxic Substances Control...more

Kelley Drye & Warren LLP

Be Prepared for the New World of Chemical (and Product) Management and Regulation

The nation’s primary law for managing chemicals, from manufacture to their use in a wide array of consumer and commercial products, is set for a fundamental transformation now that Congress has passed, and President Obama...more

Mintz - Consumer Product Safety Viewpoints

Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time

On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary. ...more

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