Entries by Russell Marks

EPA Proposes to Stop Authorized Use of Certain PFAS in Pesticide Products

EPA is proposing to remove 12 PFAS substances from the current list of inert ingredients approved for use in pesticide products. Under EPA’s 2021 PFAS Strategic Roadmap the Agency is reviewing substances approved as inert ingredients in pesticides and potentially taking action to limit their use. Inert ingredients in pesticides serve to increase effectiveness and […]

CoverGirl Cosmetics and Coty Inc PFAS Suit

CoverGirl Cosmetics and Coty Inc. are facing a class action lawsuit for marketing their TruBlend Pressed Powder as sustainable and safe while allegedly it contained PFAS.  The complaint was filed in the U.S. District Court for the Southern District of California.  According to the complaint, independent lab testing found that the product contained increased fluorine […]

Amendments to SNUR Requirements

On July 5, 2022, EPA finalized the rule Significant New Uses of Chemical Substances; Updates to the Hazard Communication Program and Regulatory Framework; Minor Amendments to Reporting Requirements for Premanufacture Notices (87 FR 39756).  EPA made changes to SNUR requirements in the following sections 40 CFR §§ 721.11, 721.63, 721.72, and 721.91. In addition, the […]

PFAS From Certain Plastic Can Violate Chemicals Law, EPA Says

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 […]

Chlorpyrifos Food Tolerance Revoked  

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 […]

Proposed Rule Changes to TSCA CBI

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 […]

Lawsuit over Coloring Agent in Skittles Dismissed

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. […]

EPA Launches Stakeholder Outreach Effort to Help Speed New Chemical Reviews

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, […]

EPA orders e-commerce platform Wish to stop selling illegal disinfectants

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). […]