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Recent Green Marketing Litigation

Dr. Pepper recently won litigation over whether it had made deceptive marketing claims by labeling products made with “all-natural” ingredients.  The Northern District Court of California dismissed the case finding that no reasonable consumers would not expect the product to be completely free of any trace pesticides. The litigation was brought by Hawyuan Yu who claimed […]

Executive Order on Pandemic Regulatory Relief and Revised OSHA Guidance

In the past several days, OSHA has revised portions of the pandemic guidance issued previously, and the President has issued an Executive Order on regulatory relief to support the economic recovery. Key aspects of these recent actions are summarized below. Executive Order on Regulatory Relief The President’s Order includes the following primary provisions: Agencies should […]

OSHA/EPA Guidance for COVID-19 Activities

In the past few weeks, OSHA has taken the following actions related to short-term COVID-19 risk in the workplace, advising industry with respect to evaluating exposure, use of PPE, reporting and compliance with OSHA standards and guidance, among other matters. Most of these items can be accessed at OSHA’s COVID-19 website. In addition, EPA and […]

CAA Permitting and NAAQS Review

On April 9, Verdant attorney Kurt Blase addressed the American Coatings Association Powder Coatings Committee on Powder and PM: Permitting and NAAQS Review. The presentation examined the effect of powder coating lines on facility particulate matter (PM) emissions, and the potential effects of EPA’s current review of the PM national ambient air quality standards (NAAQS) […]

Green Marketing, the FTC’s “Green Guides,” and “Zero VOC”

Phil Moffat presented on Green Marketing, the FTC’s “Green Guides,” and “Zero VOC” at the American Coatings Association’s Conference Making Sustainability Ideas Happen: Coatings For the Future on April 10, 2019. The presentation opened with an overview of green marketing, noting that the number of environmental marketing claims is on the rise, with an attendant […]

EPA publishes the Initiation of Prioritization under the Toxic Substances Control Act

On March 21, 2019, EPA published the Initiation of Prioritization under the Toxic Substances Control Act (TSCA).  In the Federal Register notice, the Agency announced that it is initiating the prioritization process for 20 chemical substances as candidates for designation as High Priority Substances for risk evaluation and 20 chemical substances as candidates for designation […]

EPA Cites Chemours for TSCA Violations

On February 14, 2019, EPA sent a Notice of Violation (NOV) to Chemours identifying TSCA violations at the company’s Fayetteville Works facility in Fayetteville, NC and at the company’s Washington Works facility near Parkersburg, WV.  The NOV identifies a number of section 5 violations, including a violation of the TSCA Section 5(e) Consent Order for […]