Chemical Regulation

From TSCA and FIFRA to REACH and state-level frameworks, chemical regulation demands counsel who can speak fluently in both legal and scientific terms. Verdant Law delivers both.

The regulatory frameworks governing chemicals and chemical-containing products touch every stage of a product’s commercial life, from development and import through marketing, sale, and end-of-life management. Getting compliance wrong at any point can mean enforcement exposure, market access barriers, reputational harm, or disruption to supply chains and commercial relationships.

In this environment, effective counsel requires close integration of legal analysis with the underlying scientific and technical frameworks used by regulators and industry stakeholders. Verdant Law understands the risk assessment science underpinning chemical and product regulations. We work alongside independent technical experts to evaluate data, support regulatory submissions, participate in agency rulemakings, and respond to agency inquiries and enforcement actions. This integrated approach allows us to address both the legal and scientific dimensions of chemical regulatory risk in a coordinated and efficient manner.

With deep capabilities across domestic and international chemical regulatory programs, Verdant attorneys counsel manufacturers, importers, formulators, and other downstream users across a broad range of industries. We advise on matters spanning the full product lifecycle: from pre-market submissions, product defense, and supply chain compliance through regulatory litigation, internal investigations, compliance audits, enforcement defense, and transactional diligence.

Examples of our work include advising clients on:

  • TSCA, including PMNs, LVEs, SNURs, exemptions, Inventory compliance, CDR and Section 8(e) reporting, audits and voluntary disclosures, and enforcement matters.
  • Global chemical regulatory regimes, including REACH, CEPA, and frameworks in Australia, China, Taiwan, Japan, and South Korea.
  • Trade secrets and confidential business information, including TSCA CBI claims and confidentiality protections under REACH and other frameworks.
  • FIFRA, including issues involving devices, treated articles, labeling, marketing claims, and exemption frameworks.
  • PFAS, microplastics, and emerging contaminants, including TSCA Section 5 and Section 6 regulatory developments, EPA risk evaluation and risk management rulemaking, state-level restrictions, and evolving international frameworks.
  • Data rights and testing consortia, including TSCA, FIFRA, and REACH data compensation and sharing agreements, testing consortium formation and governance, and negotiating access to existing regulatory submissions.
  • California Proposition 65, including rulemaking comments and engagement with DTSC, label warnings, safe harbor levels, and exposure assessment.
  • OSHA hazard communication and GHS obligations, including product labeling, SDS requirements, and workplace chemical safety.
  • Regulatory strategy and agency engagement involving chemical and product requirements.
To learn more about our capabilities, please email info@verdantlaw.com or call +1 202-828-1233.

RECENT HIGHLIGHTS

SCP Microplastics Comments

Submitted comments on DTSC’s proposed regulation of microplastics under California’s SCP Program on behalf of a microencapsulation polymer manufacturer.

Preserved CBI Protection

For a chemical manufacturer, secured continued CBI protection for substances with allegedly deficient substantiation following the TSCA Inventory Reset.

International Chemical Registrations

Supervised chemical registrations in Australia and South Korea for a consumer product manufacturer.

Post-Merger TSCA Audit

Oversaw a post-merger TSCA audit concerning SNUR compliance and subsequent EPA Audit Policy disclosure for an international chemical distributor.

Prop 65 Listing Comments

On behalf of a major U.S. trade association, submitted legal and technical comments and engaged with DTSC on the proposed listing of a substance under Prop 65.

TSCA § 5(e) Consent Orders

Advised a gasket and seal manufacturer and its domestic toll manufacturer on implementation of TSCA § 5(e) consent orders containing release-to-water restrictions.

FIFRA Distributor Negotiations

Represented FIFRA supplemental distributors in negotiations with the primary registrant.

Revised SNUR Requirements

Negotiated with EPA to achieve a revised set of SNUR requirements before final promulgation on behalf of a domestic chemical manufacturer.

TSCA § 5(e) Distribution Restrictions

Advised a chemical manufacturer on downstream distribution restrictions under a set of TSCA § 5(e) orders involving a toll manufacturer, a toll processor, and the principal chemical manufacturer.

FROM THE BLOG

OTHER PRACTICE AREAS