Chemical Regulation

The regulatory regimes governing chemicals and chemical-containing products—TSCA, FIFRA, REACH, and analogous state frameworks—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 and works 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 advise manufacturers, importers, formulators, and other downstream users across a broad range of industries 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, New Zealand, China, Taiwan, Japan, the Philippines, 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 other 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

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

Securing continued CBI protection for substances with allegedly deficient substantiation following TSCA Inventory Reset for a chemical manufacturer

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

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

Submitting legal and technical comments and engaging with DTSC on the proposed listing of a substance under Prop 65 on behalf of a major U.S. trade association

Slide Content goes here

Representing FIFRA supplemental distributors in negotiations with the primary registrant

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

Advising a chemical manufacturer on compliance with 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