Earlier this year, EPA released a letter to manufacturers, processors, distributors, users, and those that dispose of fluorinated high-density polyethylene (HDPE), informing them of possible violations of the Toxic Substances Control Act (TSCA). EPA determined through recent testing that certain PFAS have unintentionally formed during or following the process of fluorinating polyolefins. Manufacturers and processors […]
Earlier this year, EPA denied all objections to and hearing requests for a rule that terminates the use of the chlorpyrifos pesticide on food crops. As a result of the new rule, producers may no longer apply any chlorpyrifos to food or feed products, although there is an exemption for farmers to use the pesticide […]
On May 12, 2022, EPA proposed a rule (87 FR 29078) that would update requirements for making confidential business information (CBI) claims under TSCA. According to the proposal, the focus of the rule is to enhance transparency and modernize reporting and review procedures for CBI claims. In addition, the rule will impose some additional requirements […]
Mars Inc. was sued in July 2022 regarding claims related to the titanium dioxide content of its skittles candy. The complaint alleged that the titanium dioxide – a coloring ingredient– was toxic and that its presence made the candy unfit for human consumption. This suit was filed as a proposed class action in the U.S. […]
On June 27, 2022, EPA announced its TSCA New Chemical Engineering Initiative. EPA seeks to increase efficiency and transparency in the new chemical review process by inviting stakeholders to learn more about how the agency evaluates submitted information. EPA plans to focus the initiative specifically on issues surrounding “engineering” information, including, but not limited to, […]
On June 23, 2022, the Ninth Circuit Court of Appeals granted EPA a request for voluntary remand on a risk management rule for decabromodiphenyl ether (decaBDE). This allows EPA to reconsider the rule at issue and make changes they deem necessary. DecaBDE is a flame retardant added to the plastics used in many products on […]
On July 5, 2022, EPA ordered the e-commerce platform Wish (ContextLogic Inc.) to stop selling a variety of unregistered disinfectants on its website, including disinfectant sprays, tablets, and air sterilization cards. EPA’s “Stop Sale” order prevents the company from selling unregistered disinfectants, which is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). […]
The U.S. Fish and Wildlife Service’s (FWS) nationwide final biological opinion (BiOp) for Malathion has prompted EPA to take steps to protect a number of endangered species that were identified as being threatened by the insecticide. Malathion is an organophosphate insecticide use on a wide variety of food and non-food crops to kill insects systemically […]
A proposal in Washington state has stalled in the state House, after passing their Senate, that would have banned cosmetics that contain phthalates, formaldehyde, and PFAS. The proposal, Senate Bill 5703, states that legislature finds certain chemicals in cosmetic products to be linked with various negative health effects, such as cancer, birth defects, and damage […]
A class action lawsuit has been filed in a New York federal court alleging that L’Oréal USA failed to disclose its Waterproof Mascara Products contain PFAS. Third-party testing revealed that PFAS are present in several of L’Oréal’s waterproof mascaras. PFAS are commonly found in cosmetics because of their durability, spreadability, and waterproof and oilproof properties […]
