Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued on January 6,
Kelley Green Law
Chemical Law and Regulatory News and Insights
Kelley Green Law, published by Kelley Drye & Warren LLP, focuses on legal developments related to chemical regulations, environmental law, and product safety. The blog covers state and federal regulatory actions concerning substances such as per- and polyfluoroalkyl substances (PFAS), food additives, and other chemicals of concern. It reports on legislative changes, regulatory proposals, enforcement actions, and compliance requirements affecting manufacturers, suppliers, and distributors. Topics include bans and restrictions on chemicals in consumer products, reporting obligations under environmental laws, and the availability of safer alternatives. The blog provides updates on regulatory trends in various states, including California, Maine, and Washington, and discusses implications for industry and public health.
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EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants
Earlier this week, EPA issued another “stop sale” order to Amazon directing the company to take steps to prevent the continued sale “of potentially dangerous or ineffective unregistered pesticides and pesticide devices making illegal and misleading claims, including multiple products…
Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus
One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus.
While EPA has long prioritized enforcement of the rules…
California OEHHA Explains Decision to Rescind Proposed “Clarifications” to Prop 65 Rules for Internet Sales; Finalizes Changes to Alcohol Sale Warnings
The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales. Last January, OEHHA proposed what it considered to be modest clarifications to the safe harbor…
California Proposes to Minimize Use of Prop 65 Short-Form Warning
A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental Health Hazard Assessment (OEHHA). Originally conceived as an…
CBD Product Alert: California Prop 65 Enforcement of New THC Listing to Commence January 3, 2021
While many of us are grateful to see 2020 come to a close, cannabidiol (CBD) product manufacturers will face a new challenge in 2021: compliance with California’s Proposition 65. As of January 3, the one-year grace period to come into…
Cleaning Product Enforcement Challenge Highlights Reach of EPA’s Antimicrobial Regulatory Authority
For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims. During the current pandemic, that authority has been exercised aggressively, particularly against products, many of which are…
EPA Extends TSCA Chemical Data Reporting Deadline to January 29
Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months.
The CDR rule requires manufacturers (including importers) of chemical substances listed on the TSCA Chemical…
EPA Establishes New Expedited Approval Pathways for Long-Lasting Residual Antimicrobial Products
As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual antimicrobial activity of hard surfaces. Specifically, the…
Prop 65 Compliance Tips: Further Notes from the Prop 65 Annual Conference
With so much great content from Monday’s annual Prop 65 Clearinghouse Conference, here is a follow up post highlighting some of the compliance tips shared by panelists:
• Compliance Tip #1: TEST your products … but how much and what…