Entries by Irene Hantman

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 […]

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EPA Draft Guidance helps Distinguish When Biostimulants are Pesticides under FIFRA

On March 27, 2019, EPA published Draft Guidance for Plant Regulator Label Claims, Including Plant Biostimulants.  The guidance is intended to help companies that produce products that the Agency considers to make claims that are considered plant growth regulator (PGR) claims. This is because making PGR claims subjects the products to regulation under FIFRA as […]

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 […]

EPA Announces Changes to PMN Review – Clearer Policy on “Possible Future Uses”

At the 2019 GlobalChem conference, Greg Schweer, the EPA Chief of the New Chemicals Management Branch said that the Agency now has a clearer policy to identify possible future uses of new chemical substances in its Premanufacture Notification (PMN) evaluations, reports Bloomberg Environment. The Lautenberg amendments to the Toxic Substances Control Act (TSCA) require EPA […]