A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from…
Continue Reading FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out

The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program.  Consistent with a recently leaked document highlighting priorities of the Office of Pollution …
Continue Reading EPA Expands List of PFAS Subject to TRI Reporting

The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and…
Continue Reading EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses

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,…
Continue Reading EPA Grants Temporary Reprieve to TSCA PBT Chemical Prohibition, Re-Opens Comment Period

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…
Continue Reading EPA Extends Coronavirus Enforcement Against On-Line Sales of Unregistered Disinfectants

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…
Continue Reading Biden EPA Continues Aggressive Enforcement Against Disinfectant Products and UV Devices Claiming to Kill Coronavirus

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…
Continue Reading California OEHHA Explains Decision to Rescind Proposed “Clarifications” to Prop 65 Rules for Internet Sales; Finalizes Changes to Alcohol Sale Warnings

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…
Continue Reading CBD Product Alert: California Prop 65 Enforcement of New THC Listing to Commence January 3, 2021

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…
Continue Reading Cleaning Product Enforcement Challenge Highlights Reach of EPA’s Antimicrobial Regulatory Authority