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OECD Accepting Comment on Draft Study Report on Applicability of the key event based TG 442D for in vitro skin sensitisation testing of nano-materials

By Lynn L. Bergeson & Carla N. Hutton on December 23, 2022
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The Organization for Economic Cooperation and Development has published a draft Study Report on Applicability of the key event based TG 442D for in vitro skin sensitisation testing of nano-materials. The study summary and conclusions include the following questions and answers (Q&A):

  • Is the Test Guideline (TG) technically applicable?
Yes, OECD TG 442D (KeratinoSensTM test method) is from a technical point of view applicable for the testing of manufactured nanomaterials. The draft report notes that it was not possible to make any assumption about the relevance for the in vivo correlation due to the scarce availability of data for manufactured nanomaterials that have been tested in vivo. Nevertheless, the work conducted within this project can be seen as a starting point for further work with regard to manufactured nanomaterials safety testing for skin sensitization.

 

  • Which nanomaterials are suitable for testing?
Different manufactured nanomaterials were selected for testing based on an extensive literature review and dependent on information about their skin sensitizing potential. In total, 12 inorganic and organic manufactured nanomaterials were selected (nine test materials, three controls). Testing with KeratinoSensTM was from a technical point of view possible with all of the selected manufactured nanomaterials.

 

  • Are there nanomaterials that were not possible to test?
During the practical part of this study, there were no manufactured nanomaterials identified that could not be tested. The draft study notes that the sample number of 12 manufactured nanomaterials is relatively small in comparison to the variety of manufactured nanomaterials, however, and the authors cannot conclude whether there is one manufactured nanomaterials group that cannot be tested using KeratinoSensTM. According to the draft study, the critical step might be the sample preparation. If a manufactured nanomaterial cannot be dispersed to be tested in the respective media for KeratinoSensTM, it cannot be tested in this assay.

 

  • What has to be adapted to use the TG for nanomaterials?
According to the experience gained during the testing of selected manufactured nanomaterials with the KeratinoSensTM and based on the discussion within the two expert workshops in December 2019 and 2021, some recommendations can be made with regard to the dispersion protocols, needs for endotoxin assays, potential to include leaching experiments, and the role of dimethyl sulfoxide (DMSO) as a mediator to assist nanomaterial penetration into cells. Further, the potential for nanomaterials to interact with detection methodologies also brought in the possibility to use two different colorimetric cytotoxicity assays.

 

  • Are protocol changes needed to test nanomaterials?

Some of the recommendations made under the previous point can be directly addressed by adaptation of the standard operating procedures (SOP) of the KeratinoSensTM test method, e.g., viability assessment.

 
Comments are due January 31, 2023.

Photo of Lynn L. Bergeson Lynn L. Bergeson

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization…

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C’s scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: “The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. ‘She is probably the premier pesticide lawyer in DC,’ notes one impressed commentator. Peers predict that she is set to become ‘one of the most important lawyers in America.'”

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Photo of Carla N. Hutton Carla N. Hutton

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as…

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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  • Posted in:
    Technology
  • Blog:
    Nano and Other Emerging Chemical Technologies Blog
  • Organization:
    Bergeson & Campbell, PC
  • Article: View Original Source

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