Spray Foam Producer Challenges California’s Compelled Research Funding

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A producer of spray polyurethane foam is mounting a constitutional challenge to a California Department of Toxic Substances Control (DTSC) action requiring the company to fund research into replacement technology.

At issue is a DTSC determination requiring producers of spray foam to pay two cents for every pound sold in California into a fund supporting a green research grant. According to the plaintiff, Quadrant Performance Materials, the grant may be used either to develop spray foam containing less unreacted methylene diphenyl diisocyanates (MDI) or to reengineer the tools used to apply spray foam to reduce MDI exposures.

In a complaint filed September 21, 2026, Quadrant says it cannot conduct its own research with the grant money, is ineligible to receive a grant, has no say in what or how the recipient conducts its research, and has no right to use or profit from any resulting innovation.

“DTSC has left Quadrant with a Hobson’s choice: fund research aimed at replacing its own product—using methods and assumptions it has no control over, and that could put it out of business—or stop selling spray foam in California,” the complaint states.

Quadrant alleges that the requirement violates the First Amendment because it compels the company to subsidize speech and research with which it disagrees. It also alleges violations of the dormant Commerce Clause and Import-Export Clause, contending that the requirement unlawfully burdens interstate commerce and imposes a duty on goods brought into California from other states.

Regulatory Background

The lawsuit arises under California’s Safer Consumer Products Program (SCP), which allows DTSC to regulate “priority products” containing “candidate chemicals.”

MDI is one such candidate chemical. In 2014, DTSC identified spray foam products containing MDI as a priority product based on concerns that unreacted MDI in spray foam might cause workplace asthma. Quadrant, however, states that “DTSC has never identified a single person” harmed by spray foam products in the state.

According to the complaint, Quadrant submitted an abridged alternatives analysis to DTSC in 2025 that did not identify any feasible alternatives. In May 2026, DTSC issued a final determination imposing requirements on the continued sale of spray foam containing MDI in California. In addition to the green research fund fees, those requirements include labeling and training provisions that Quadrant does not challenge in the lawsuit.

The two-cent-per-pound fee is required from all spray foam producers for five years or until DTSC collectively receives $4 million, whichever occurs later. Based on its sales, Quadrant expects to pay approximately $10,000 into the fund each quarter.

Constitutional Claims

Quadrant seeks declaratory and injunctive relief based on three constitutional claims.

First, Quadrant argues that the fee violates the First Amendment because it forces the company to subsidize speech to which it objects. Quadrant contends that the research funded by the fees is not “neutral, disinterested science” because DTSC “has predetermined its premises and its objective.”

“DTSC, without substantiation, asserts that Quadrant’s product is harmful; the research being funded is attempting to find a replacement for MDI which Quadrant maintains does not exist or is not feasible; and California requires that this research uses green chemistry and/or green engineering principles,” the complaint states.

Quadrant further argues that the fee does not fall within exceptions for compelled funding of government speech or comprehensive regulatory schemes. Among other things, it points to the fact that the research fund is administered by a third party rather than DTSC.

Second, Quadrant argues that the requirement violates the dormant Commerce Clause by placing an excessive burden on interstate commerce. Citing Pike v. Bruce Church, Inc., Quadrant asserts that the scheme’s burdens on interstate commerce exceed its putative local benefits. Quadrant and “virtually all” other spray foam manufacturers operate outside California, the complaint states, meaning the requirement’s practical effects fall “almost entirely on interstate commerce.”

By contrast, the lawsuit alleges that the requirement’s asserted benefits are speculative because there is no guarantee that any funded project will succeed, become commercially viable, or ultimately be made available to manufacturers. “California has therefore imposed present burdens on interstate commerce in exchange for uncertain future benefits that will likely never materialize,” Quadrant states.

Third, Quadrant alleges that the scheme violates the Import-Export Clause because it imposes duties on goods imported from other states without congressional consent. The complaint acknowledges that the Supreme Court has held that the clause applies only to imports from foreign countries, but argues that it should be interpreted more broadly.

The case is Quadrant Performance Materials, LLC v. Butler, No. 2:26-cv-10704 (C.D. Cal.), filed September 21, 2026.

Microplastics Regulation: EPA Declines to Act, California Moves Forward

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EPA and California took opposite approaches to microplastics regulation within weeks of each other.  On July 1, 2026, EPA proposed to omit microplastics from the Sixth Unregulated Contaminant Monitoring Rule (UCMR 6).  Two weeks earlier on June 18, California’s Department of Toxic Substances Control (DTSC) finalized a regulation adding microplastics to the state’s Safer Consumer Products (SCP) Candidate Chemicals List.

What EPA Proposed

In the proposed UCMR 6, EPA proposed not to include microplastics despite a petition from the governors of seven states—New Jersey, Delaware, Illinois, Maryland, Michigan, Wisconsin, and Connecticut.  That petition matters because the Safe Drinking Water Act section 1445(a)(2)(B)(ii) directs that the administrator “shall include” a contaminant recommended by seven or more governors, unless listing it would prevent listing other contaminants of higher public health concern.

EPA’s basis for declining is analytical feasibility.  The agency states there is no validated EPA or consensus drinking water method with the necessary accuracy and precision to measure microplastics for UCMR 6, and that developing one before the statutory deadline of December 27, 2026, is not feasible.  EPA points out that the governors’ petition itself acknowledges the absence of such a method.  Because monitoring is the entire purpose of the UCMR, EPA argues, requiring systems to test for something no approved method can quantify would yield no usable data while displacing contaminants that can be measured.  Instead, EPA has placed microplastics on the draft Contaminant Candidate List 6 as a first step, and says it will keep evaluating existing consensus practices toward a future method.

It is worth watching whether EPA’s feasibility rationale squarely fits the statutory exception, which is written in terms of “higher public health concern” rather than measurability.  This is a proposed rule open for comment through August 31, 2026, so the final reasoning—and outcome—could change.

What California Did

DTSC’s action runs the other way.  The Office of Administrative Law approved the regulation on June 18, 2026, with an effective date of October 1, 2026; it amends Title 22 to add microplastics—defined as plastics under 5 millimeters in their longest dimension, whether intentionally manufactured or generated by the fragmentation of larger plastics—to the Candidate Chemicals List.  As discussed in a previous post, listing does not itself regulate anything; it is a predicate that lets DTSC evaluate products that contain or generate microplastics and potentially designate them priority products through a later rulemaking.  Listing requires only a hazard trait and consideration of adverse impacts, exposures, and information availability, not a validated quantification method.  As part of its research on microplastics, DTSC published a background document in November 2025 identifying products that could be designated as priority products.

According to DTSC’s Final Statement of Reasons, the agency declined to explicitly define “plastics” in the regulation “because ‘plastics’ has an ordinary English meaning.”  Manufacturers should be aware that DTSC considers biobased and biodegradable polymeric substances within its jurisdiction; DTSC states that

All microplastics, including biodegradable ones, exhibit at least one hazard trait under the Safer Consumer Products Regulations, namely the particle size and fiber dimension hazard trait. Therefore, it is appropriate for DTSC to designate the entire class of microplastics as a Candidate Chemical.

In response to comments that microplastics are more than one chemical and therefore cannot be added to the Candidate Chemicals List through a single rulemaking for a categorical definition, the agency asserted that “there is nothing in the statutes or regulatory history that even implies categorical identities are unauthorized,” noting that list already contains categorical listings, such as PFAS.

The statement of reasons adds that any subsequent priority products proposal for microplastics “will involve an evaluation of potential exposures and significant or widespread adverse impacts associated with those specific products, as well as a formal rulemaking process with opportunity for public input.”  A challenge to the rule is expected.

DTSC Releases Microplastics Background Document Ahead of December Workshop

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This month, California’s Department of Toxic Substances Control (DTSC) released a public background document summarizing its research on products that contain or generate microplastics.  DTSC is requesting comment on the specific product categories evaluated in the document through January 16, 2026.  The department will also hold a virtual workshop to receive public input on December 11, 2025, at 9:30am PT.

Background

The background document and workshop are part of DTSC’s rulemaking to add microplastics to the Safer Consumer Products (SCP) program candidate chemicals list.  As discussed previously, adding microplastics to the list would not itself create new regulatory requirements, but it would allow DTSC to pursue restrictions in specific products that contain or generate microplastics in the future.

According to DTSC, the background document is part of its “external engagement process, which helps us decide whether to conduct additional research or potentially list one or more products that contain or have the potential to generate microplastics as Priority Products.”  The department also notes that, based on its evaluation, it is “concerned about the potential for adverse impacts from exposure to microplastics in consumer products frequently used by the general public, workers, and children.”

Evaluated Product Categories

DTSC outlines preliminary screening results for the following product categories:

  • Artificial turf infill
  • Children’s toys that contain primary microplastics
  • Cleaning products
    • Intentionally added polymers in laundry and dishwashing detergents
    • Polymeric fragrance microcapsules in laundry detergents and fabric softeners
    • Water-soluble polymers in laundry and dishwashing detergents pods
  • Food contact articles
    • Plastic baby feeding bottles
    • Plastic beverage bottles and caps
    • Plastic cling wraps and films
    • Plastic wrappers for snacks and candy
    • Polystyrene foam foodware
    • Single-use plastic tea bags
  • Plastic film mulch used in agriculture
  • Single-use cigarette filters made of cellulose acetate
  • Water-based interior wall paints

For each evaluated product category, DTSC describes the type of microplastics present (primary/secondary), the potential for exposure, potential alternatives, and relevant US and international regulations.  An appendix lists additional evaluated product categories that may be considered for further research.

These categories fall under DTSC’s current work plan product category of products that contain or generate microplastics, discussed in a previous post.

Requested Information

The background document identifies a number of data gaps for which DTSC seeks public input.  For example, regarding water-based interior wall paints, DTSC requests information on whether manufacturers are developing non-plastic alternatives to primary microplastics, obstacles to replacing them, whether alternatives can provide comparable performance, and which types of paint could feasibly transition away from microplastics while still meeting performance requirements.

Interested parties can submit comments trough DTSC’s CalSAFER portal.  As noted above, comments will be accepted through January 16, 2026.

Update – December 4, 2025

DTSC has announced that written comments on the background document will now be accepted through 11:59pm PT on January 30, 2026.

California Proposes Listing Microplastics as an SCP Candidate Chemical

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California’s Department of Toxic Substances Control (DTSC) has proposed to designate microplastics as a “candidate chemical,” a move that could lead to future regulation of products that contain or generate microplastics under the state’s Safer Consumer Products (SCP) program.

Adding microplastics to the SCP candidate chemical list would not in itself create new regulatory requirements.  However, it would allow SCP to evaluate specific types of products containing microplastics for possible designation as a “priority product,” which could ultimately result in restrictions or other regulatory measures.

“Microplastics are pervasive, persistent, and increasingly linked to potential risks to human health, wildlife and the environment,”  DTSC stated in a June 20 press release.  “They have been found in nearly every corner of the planet, including oceans, soil, indoor air, and even on the highest mountain peaks.”

The press release also highlights the “economic burden” of microplastic pollution, noting that “healthcare costs linked to plastic-associated chemicals are projected to exceed $144 billion by 2025” in California.

A technical document accompanying the proposal defines microplastics as “plastics that are less than 5 millimeters (mm) in their longest dimension, inclusive of those materials that are intentionally manufactured at those dimensions or are generated by the fragmentation of larger particles.”

The document acknowledges the “structural heterogeneity and complexity of different plastic polymers,” but argues that microplastics still constitute a “chemical” under SCP’s governing regulations.

The proposal was foreshadowed by SCP’s most recent priority products work plan, released in 2024 and discussed in a previous blog post.  For the first time, the work plan identified products containing or generating microplastics as a consumer product category warranting evaluation for priority products.

Comments on the proposal will be accepted through August 4 via CalSAFER.

DTSC Finalizes SCP Priority Product Work Plan

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This October, California’s Department of Toxic Substances Control (DTSC) released the final version of the Safer Consumer Products (SCP) Program’s Three-Year Priority Product Work Plan for 2024–2026.  The work plan identifies eight categories of consumer products that DTSC will evaluate to determine whether specific products within those categories should be designated as Priority Products—product-chemical combinations that may be subject to regulation.

Four categories remain largely unchanged from the 2021-2023 work plan:

  • Beauty, personal care, and hygiene products;
  • Cleaning products;
  • Building products and materials used in construction and renovation; and
  • Children’s products.

Two existing categories have been expanded:

  • Food packaging—expanded to include food contact articles; and
  • Motor vehicle tires—expanded to include motor vehicle parts, accessories, maintenance, and repair materials.

Finally, two new categories have been added:

  • Paints (previously included under building products); and
  • Products that contain or generate microplastics.

The work plan also touches on Senate Bill 502.  That 2022 California law expanded DTSC’s authority under the SCP Program, granting DTSC greater power to require product manufacturers to disclose product ingredients.  Importantly, the bill also established a process for DTSC to move directly to regulatory response for a Priority Product, bypassing an Alternatives Analysis.

A full list of Candidate Chemicals—substances that may lead to a product’s prioritization—is available on DTSC’s website.

DTSC Approves Preliminary Report on 6PPD Alternatives

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This August, the California Department of Toxic Substances Control (DTSC) approved a revised stage 1 alternatives analysis report for 6PPD (CASRN 793-24-8) from the U.S. Tire Manufacturers Association (USTMA).  The preliminary report identified seven potential 6PPD alternatives for use in tires, which will be further assessed in the stage 2 alternatives analysis report due in August 2026.

6PPD, or N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine, has been used as an anti-degradant in tires since about the 1950s.  In 2020, it was discovered that 6PPD has a transformation product, 6PPD-quinone, that is extremely toxic to salmon and other aquatic species.  According to USTMA’s website, the organization “is not aware of any new motor vehicle tires available today that do not contain 6PPD.”

The seven potential 6PPD alternatives identified by the preliminary report are 7PPD, IPPD, 77PD, CCPD, specialized graphene, octyl gallate, and Irganox 1520, selected based on available information on potential hazards, performance, and chemical and physical properties indicative of exposure potential.  7PPD, IPPD, 77PD, and CCPD come from the same chemical family as 6PPD.  Eliminating the use of 6PPD without replacement is not an option, according to the preliminary report.

The stage 2 alternatives analysis will include a “more in-depth evaluation of hazard and exposure potential,” including additional evaluation of potential transformation products.  “At the end of [stage 2], we are optimistic that we will have identified one or more possible alternatives that hold promise to replace or materially reduce 6PPD in motor vehicle tires,” the preliminary report states.

The initial report was revised due to a notice of deficiency issued by DTSC, which was described by USTMA as “a standard step in the alternatives analysis process” that allows “regulators to provide suggestions and seek clarification about certain parts of a preliminary submission.”  Octyl gallate and Irganox 1520 were added to the list of potential alternatives in the revised report.

DTSC added 6PPD to the list of Priority Products under California’s Safer Consumer Products Program effective October 2023, prompting the alternatives analysis.  The following month, EPA granted a Toxic Substances Control Act citizen petition requesting that EPA take action to prohibit its use in tires.  EPA has since proposed a data call for substances including 6PPD-quinone, discussed in a previous blog post.

Microplastics and PPD Derivatives Proposed for Regulation in California

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California state regulators recently announced plans to potentially regulate two additional groups of chemicals under the state’s Safer Consumer Products Program (“SCP”). The California Department of Toxic Substances Control (“DTSC”) has proposed adding microplastics and para-Phenylenediamine (“PPD”) derivatives to its Candidate Chemicals List (“CCL”) due to their reported impacts on human health and the environment. Regulators are beginning a public comment process in the hopes of gathering valuable input and feedback from stakeholders to help inform a potential regulatory proposal.

Scientific evidence has been growing regarding the harmful effects of microplastics on both human health and the environment. These minuscule plastic particles, released directly or through the breakdown of larger plastic items, persist and spread throughout the ecosystem. DTSC detailed this issue and identified products that release microplastics into the environment as one of their top five policy priorities in the 2021-2023 Priority Product Work Plan.

PPD derivatives, a family of chemicals widely used in various industrial applications, have also come under scrutiny. Specifically, 6PPD, a member of the PPD derivative family, is extensively used in motor vehicle tires to prevent degradation over time. DTSC is finalizing regulations to include motor vehicle tires containing 6PPD on its Priority Product List. This regulation will require tire manufacturers to identify and assess potential alternatives to 6PPD that ensure tire safety and performance. By adding the entire PPD derivative class to the CCL, manufacturers will be prompted to thoroughly evaluate the tradeoffs involved before switching from 6PPD to another PPD derivative.

Adding chemicals to the CCL does not automatically impose new requirements. Instead, it enables the SCP Program to select consumer products containing these chemicals for evaluation and potential regulation as Chemicals of Concern in Priority Products.

Public workshops are scheduled for June and July, providing an opportunity for interested parties to contribute to the discussion and share their expertise. Information on the upcoming workshops can be found here.

California Department of Toxic Substances Hosted Engagement Sessions on Sustainable Chemistry Definition

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The California Department of Toxic Substances Control (CDTSC) hosted two engagement sessions encouraging stakeholders to share their perspectives on an actionable definition of sustainable chemistry that was provided by the Expert Committee on Sustainable Chemistry (ECOSChem). ECOSChem is a 20-person group including representatives from academia, government, industry, and non-governmental organizations.  The group has been tasked with establishing “an ambitious, actionable definition and criteria for sustainable chemistry that can enable effective government policy, inform business and investor decision making, enhance chemistry education, and spur the adoption across all supply chains of chemicals that are safer and more sustainable.”

In its draft, ECOSChem defined sustainable chemistry as “the practice and application of chemistry that eliminates negative impacts to humans and ecosystems, as well as benefits current and future generations.” The definition was drafted with five criteria in mind (1) health and safety through hazard elimination, (2) climate and ecosystem impacts, (3) circularity, (4) equity and justice, and (5) transparency. In addition to the definition, , ECOSChem provided the following indicators of what sustainable chemistry will look like:

A sustainable chemical, material, process, or product will…

  • Eliminate all associated hazards and hazardous emissions to all people and ecosystems across its existence.
  • Not result in releases, including releases of byproducts or breakdown products, that negatively persist or bioaccumulate.
  • Eliminate impacts on climate and biodiversity by utilizing earth-abundant, non-toxic chemical building blocks that minimize habitat and resource degradation, greenhouse gas emissions, carbon footprints, and energy consumption, including for transportation and distribution.
  • Be designed to have [a] lifetime appropriate for its use and enable safe reuse and non-toxic recycling.
  • Prioritize resource and energy conservation and reclamation, reduce consumption of finite resources, and waste prevention, minimization, and elimination.
  • Be designed such that all associated negative social impacts are eliminated.
  • Be made or implemented to prioritize the remediation of harms for communities and societies that have been disproportionately impacted by traditional chemistries, chemicals, and chemical processes, and/or support the needs of workers, marginalized groups (e.g., immigrant communities, and communities of color), and vulnerable groups (e.g., pregnant women and children).
  • Be made or implemented in a way that does not create new problems or shift harm to other communities or societies.
  • Have had its health, safety, and environmental data disclosed in an accessible format to individuals, workers, communities, policymakers, and the public.
  • Use independent, third-party systems to verify sustainability, health, safety, and other claims. The sources for verification should be openly accessible.

ECOSChem members will use the feedback received at the meeting to revise the definition to ensure that the language is clear and actionable.

 

 

 

 

California Issues Expanded Draft Priority Product Workplan

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The California Department of Toxic Substances Control (DTSC) recently issued a Draft Three-Year Priority Product Work Plan (2018-2020) under the state Safer Consumer Products program (also known as the “green chemistry” program). The draft Work Plan would supersede the current plan adopted in 2015, and lists the categories of products that DTSC intends to investigate under the program for the next three years. Public comments on the draft Work Plan will be accepted until March 9.

The new draft Work Plan includes seven product categories. Five were carried over from the prior Work Plan: (1) beauty, personal care and hygiene products; (2) cleaning products; (3) household, school and workplace furnishings; (4) building products and materials used in construction and renovation; (5) consumable office, school, and business supplies. The two new categories proposed are food packaging and lead acid batteries.

The Work Plan does not specifically identify any product as a regulatory priority, but identifies categories from which DTSC will propose future priority products. DTSC is limited to regulation of products within these categories, except for other products identified by legislation, Executive Order or a petition to DTSC that has been granted.

In investigating potential priority products, DTSC intends to solicit information from manufacturers and their supply chain partners as well as trade associations and others with relevant expertise. They also may make targeted information requests to specific industry sectors; gather information through public workshops and comment periods; and issue “information call ins” as described in the state regulations. This information would be available to the public except for trade secrets protected by the regulations. DTSC expects to engage in discussion with industry experts about product formulations, supply chain considerations, and industrial toxicology studies among other topics that can expand and refine their knowledge for the purposes of selecting priority products.

Draft Alternatives Analysis Guide released for California’s Safer Consumer Products program.

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On Monday, the California Department of Toxic Substances Control (DTSC) released a draft version of its Alternatives Analysis Guide, a document that will be critical to the implementation of the state’s Safer Consumer Products (SCP) program. Once finalized, the Guide will provide a framework and steps to help responsible entities (the manufacturers, importers, assemblers, and retailers of designated “Priority Products”) conduct an “Alternatives Analysis,” as required by the SCP regulations.

Under the SCP program, each Alternatives Analysis will look at how to best limit or prevent potential harm from the potentially hazardous “Candidate Chemical” in Priority Products. Every Alternatives Analysis must consider important impacts of the product throughout its life cycle and provide for specific actions to make the product safer.

After receiving and approving a final Alternatives Analysis report, DTSC will implement Regulatory Responses which favor the safest feasible alternatives. These actions may take the form of enforceable orders or agreements requiring further manufacturer research, additional information to DTSC or consumers, product redesign, end-of-life product stewardship, or sales restrictions or prohibition.

The draft Alternatives Analysis Guide provides information about the general process of conducting an Alternatives Analysis and is meant to be a “resource book” for people preparing Alternatives Analyses. The Guide provides methods, tools, information sources, and “best practice approaches” for conducting an Alternatives Analysis, and is expected to be updated periodically. The Guide is not a “regulatory document” or standard, nor is it meant to be used as a checklist.

In September 2015, DTSC released a Draft Stage 1 Alternatives Analysis Guide and scheduled the release of Stage 2 guidance for 2016. Stage 1 of the Alternatives Analysis process will begin with identifying product requirements and chemicals of concern, alternatives, and factors for comparing alternatives. Then, responsible entities will conduct an initial evaluation and screening of alternative replacement chemicals. Stage 1 culminates in the submission to DTSC of the Preliminary Alternatives Analysis Report, including a Work Plan.

After the preliminary report is approved, Stage 2 begins with executing the Work Plan and conducting an in-depth analysis that includes life cycle and economic effects. After an iterative evaluation and comparison process, the responsible entity will select an alternative, based on the information and conclusions generated through the comparative analysis, and recommends a regulatory response. Finally, the responsible entity must submit a Final Alternatives Analysis Report, including an implementation plan and timeline, if applicable. This final report will be available for public review and comment before DTSC makes any determination about regulatory responses.

The draft Guide released this week covers both stages of the Alternatives Analysis process. New chapters of the draft Alternative Analysis Guide, addressing the steps in Stage 2, are as follows:

  • Exposure
  • Life Cycle Impacts
  • Economic Impacts
  • Informational Needs
  • Selection of Alternatives
  • Self-Evaluation

DTSC is accepting public comments on the draft Alternatives Analysis Guide through January 20, 2017. The agency has also scheduled a public webinar to present and discuss the draft on January 10, 2017.