Will Troutman (US)

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Shedding some light on BPA settlements

In our post last week, we outlined the terms of the first two published Proposition 65 BPA settlements, for polycarbonate drinkware. We explained that we don’t know if these settlement terms would become a standard for future settlements and compliance because of the nature of the settlements – out-of-court, with the same plaintiff and Proposition 65 plaintiffs firm. After some consideration, … Continue reading

2017 marks first year all companies must provide UK Modern Slavery Act disclosure

2017 marks the first year when all companies covered by the UK Modern Slavery Act 2015 must publish a statement. Under section 54 of the Act – which is similar to the California Transparency in Supply Chains Act – commercial organizations that do business in the UK and have a global turnover of at least £36 million in … Continue reading

First Proposition 65 BPA settlements hit

After months of speculation about the first BPA settlement reformulation standards, we have our first clue: 1,000 parts per million with an option to warn. Serial polycarbonate drinking glass user Anthony Ferreiro resolved his allegations of BPA exposure without a warning from polycarbonate drinkware through two out-of-court settlements (1) (2), which recently became available on … Continue reading

Trump administration ices EPA formaldehyde in composite wood rule

Following up our recent post on EPA’s publication of its formaldehyde in composite wood rule, the Trump administration has delayed the rule’s effective date from February 10, 2017 to March 21, 2017. This delay is part of the administration’s “Regulatory Freeze Pending Review.” It is unclear what impact this freeze will have on the rule’s implementation, … Continue reading

EPA publishes formaldehyde in composite wood rule – Dec. 2017 compliance dates

EPA recently published its final rule restricting formaldehyde emissions from composite wood. The publication now triggers the rule’s effective date (Feb. 10, 2017) and the first compliance dates (December 12, 2017). The rule implements the formaldehyde standards found in Title VI of TSCA. EPA has expressly stated that the rule is “consistent, to the extent EPA deemed appropriate and practical … Continue reading

Clamshell compliance: California’s Rigid Plastic Packaging Container law

California remains on the forefront of sustainability and recycling requirements. A key restriction in California is the Rigid Plastic Packaging Container Law, which targets hard plastic product packaging (namely “clamshells”).  The law requires that product manufacturers reduce waste from covered packaging through several methods. The California Department of Resources Recycling and Recovery, referred to as … Continue reading

Drone requirements continue to evolve

Back in 2015, the FAA promulgated various rules and regulations regarding the use of drones, which included a requirement to register all such aircraft. The FAA has subsequently finalized its rule for Small Unmanned Aircraft Systems, which took effect on August 29, 2016. The new rule offers safety regulations and limitations for unmanned drones weighing … Continue reading

The mysterious world of green chemistry: Maine’s green chemistry law

Continuing our review of state green chemistry laws, Maine’s Safer Chemicals in Children’s Products Act primarily requires reporting the use of specified chemicals in certain children’s products based on risk and hazard criteria, although it may be used to restrict or ban use. Manufacturers of certain children’s products that contain specified chemicals must submit a … Continue reading

Prop 65 safe harbor level for BPA finalized

Following the California Office of Environmental Health Hazard Assessment’s proposed regulations for temporary point-of-sale warnings for BPA exposures from canned and bottled foods and beverages, this week OEHHA finalized the Maximum Allowable Dose Level for BPA of 3 micrograms per day from dermal exposure from solid materials. The MADL will go into effect on October … Continue reading

The seal is broken on BPA

After significant industry speculation over what consumer products would be the first targets for Proposition 65 BPA enforcement, the Center for Environmental Health issued the first BPA 60-day notice of violation on June 14, 2016, a little over a month after BPA’s listing anniversary date. The notice is not for canned food; it is not … Continue reading

Congress passes TSCA reform bill – no relief from Prop 65

After decades of stalled efforts, the House and Senate have both passed TSCA reform legislation. The bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), is the result of extensive negotiations between the House and Senate to reconcile differences between competing TSCA reform bills in both houses. We expect the … Continue reading

FTC aims to modernize warranty requirements

The FTC has recently proposed amendments to the Disclosure Rule and Pre-Sale Availability Rule it issued under the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. These amendments come in response to the E-Warranty Act of 2015, which President Obama signed into law in September 2015.  Click through to the full discussion that my colleagues, … Continue reading

Update: OEHHA issues revised Prop 65 warning regulations

On May 16, OEHHA issued its fifth iteration of the revised Proposition 65 warning regulations. As these changes largely seek to clarify existing language in the proposed regulations since the prior revision in March, we have a pretty good idea of what the final regulations will look like (although OEHHA does reserve the right to … Continue reading

What makes for a $15 million CPSC penalty?

CPSC just announced a record $15.4 million civil penalty settlement with Gree, manufacturers of dehumidifiers widely sold throughout the United States. While the magnitude of this blockbuster settlement makes it newsworthy, what it tells us about CPSC’s perspective on enforcement actions is the real story. CPSC’s allegations The limited allegations in the published settlement agreement allege … Continue reading

WARNING! Beta-myrcene goes live March 27

On March 27, 2015, the Office of Environmental Health Hazard Assessment added beta-myrcene to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. As a result, warnings for significant exposures will be required as of March 27, 2016. Uses for beta-myrcene … Continue reading

WARNING: OEHHA announces proposed regulations and a safe harbor level for BPA

After several false starts, Proposition 65 warnings will be required for exposures to bisphenol A (BPA) starting on May 11, 2016. Because of tremendous uncertainty regarding the amount of BPA exposure that will require a warning, as well as the ubiquitous nature of the chemical, on March 17, 2016, California’s Office of Environmental Health Hazard … Continue reading

The mysterious world of green chemistry: update on Washington’s lead, cadmium, and phthalates enforcement

Continuing our coverage of the Washington’s Children’s Safe Products Act, the Washington Department of Ecology recently issued guidance clarifying its enforcement policy of the Washington Act’s prohibition on the manufacturing and sale of children’s products containing lead, cadmium, and phthalates. In this guidance, the Department concedes that the federal Consumer Products Safety Improvement Act preempts … Continue reading

ICPHSO 2016: Chairman Kaye’s Keynote Address

CPSC Chairman Kaye gave the keynote address at ICPHSO CPSC Day, providing announcements on some CPSC policy changes and focusing on his priorities for the upcoming year. These include: Reporting of products sold in the US, Canada, and Mexico Chairman Kaye announced that CPSC is collaborating regularly with Health Canada and Profeco in Mexico. As part … Continue reading

ICPHSO 2016: Corded Blinds

CPSC Chairman Elliot Kaye and Health Canada’s Acting Director General, Consumer Product Safety Directorate James Van Loon addressed ICPHSO and the media jointly, to announce that CPSC and Health Canada are united in their commitment to eliminate corded blinds due to the risk of injury to children from cords. Chairman Kaye stated that he believes this is … Continue reading

ICPHSO 2016: Breakout #2 – Challenges to Recalls

  This panel, fully titled “Challenges to Recalls, How to Get Consumers to Respond to Recalls, and New Effective Ways to Reach Consumers,” featured Carolyn Carlin, Christoper Nguyen, and Tanya Topka from CPSC. Here are key points from the session. Social Media: CPSC Compliance Officer Carolyn Carlin stated that she not only expects recalling companies to … Continue reading

CPSC targets hoverboards

Late last week, the CPSC Office of Compliance and Field Operations issued a letter on the CPSC website to “Manufacturers, Importers, and Retailers of Self-Balancing Scooters” that ultimately makes a new voluntary safety standard for self-balancing scooters, typically called “hoverboards,” mandatory. The “voluntary” standard On February 2, 2016, UL issued its standard, UL 2272 – Outline … Continue reading
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