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EC Committee Begins Public Consultation on Preliminary Opinion on Fullerenes, Hydroxylated Fullerenes, and Hydrated Forms of Hydroxylated Fullerenes (Nano)

By Lynn L. Bergeson & Carla N. Hutton on May 4, 2023
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The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) has begun a public consultation on its preliminary opinion on fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes (nano). The EC asked SCCS if it considers fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes safe when used in cosmetic products according to the maximum concentrations and specifications as reported via the Cosmetic Product Notification Portal (CPNP), taking into account reasonably foreseeable exposure conditions. SCCS states that having assessed the information provided by the notifiers, and the information available from published literature, it “has not been able to conclude on the safety of fullerenes and (hydrated) hydroxylated forms of fullerenes due to a number of uncertainties and data gaps in regard to physicochemical, toxicokinetic and toxicological aspects.” SCCS indicated these uncertainties and data gaps in relevant sections of its preliminary opinion and states that they “must be addressed by the Notifiers to enable a conclusion on the safety of the materials for use in cosmetic products.” SCCS notes that, in particular, it has not been able to conclude on the genotoxicity potential of fullerenes (C60 and C70). According to SCCS, “[t]he available evidence indicates that hydrated forms of hydroxylated fullerenes are genotoxic and hence SCCS considers them as not safe for use in cosmetic products.” In view of equivalence, “the same concerns over genotoxicity potential also apply to hydroxylated fullerenes.”

Based on the currently available scientific literature and SCCS’ expert judgement, the EC requested that SCCS assess any further scientific concerns with regard to the use of fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes in cosmetic products and whether a potential risk to human health can be identified according to Article 16(6) of Regulation (EC) No. 1223/2009 (Cosmetics Regulation). SCCS states that in Annex 1 of its preliminary opinion, it notes the basis for concerns over risks that the use of fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes in cosmetic products may pose to the consumer. The preliminary opinion includes the following list of concerns:

  • The potential presence of impurities, heavy metals, accompanying contaminants, and/or organic solvents in the notified nanomaterials;
  • Lack of data on stability of hydroxylated fullerenes and their hydrated forms;
  • The potential ability of fullerenes and derivatives to induce production of free oxyradicals when used in cosmetic products;
  • Phototoxicity of hydroxylated fullerenes, with similar concerns for the hydrated forms of hydroxylated fullerenes;
  • Sensitizing potential of hydroxylated fullerenes;
  • Dermal absorption and systemic availability of the nanoparticles after use in cosmetic products;
  • Distribution of systemically available fullerenes to various organs in the body and potential accumulation of the nanoparticles in certain organs, such as lungs and liver; and
  • The available information does not allow SCCS to exclude genotoxic/carcinogenic potential of any of the materials assessed in the preliminary opinion.

Comments are due June 12, 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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