Tag Archive for: Sustainable Products

Environmental Advocates Want Disclosure of Chemicals in Consumer Products

Chemicals in Consumer Products:

Researchers at the Silent Spring Institute argue that the findings of their consumer product evaluation illustrate the need for full disclosure of ingredient information. The Institute tested consumer products — ranging from toothpaste to laundry detergent — for compounds identified as either endocrine disruptors or asthma-related. Most products evaluated by the Institute included one or more “chemicals of concern.”  In their report, the researchers emphasize that current chemical testing and product labeling requirements do not prevent the use of hormone disruptors or asthma-associated chemicals in products or provide enough information for consumers to avoid them. Silent Springs published its findings in the March 8, 2012 issue of the National Institute of Environmental Health Sciences’ Environmental Health Perspectives.  The report has proven highly controversial and been severely criticized by industry for a flawed methodology and equating the mere presence of a chemical in a product with a lack of product safety.

The Institute, and other environmental and public health advocates, clearly plan to use the report to support their arguments for robust reforming of TSCA, the primary federal statute for regulating chemicals in the United States.  Such advocates argue that many consumer products contain chemicals known to adversely affect human health. They note that for numerous common commercial chemicals, information about their presence in consumer products is limited. In particular, little information is available about hazardous chemical exposures from personal care and cleaning products.

The Institute found 55 chemicals of concern in conventional and “green” consumer products. The evaluation assessed consumer products for the presence of 66 known endocrine disruptors and asthma causing chemicals. Tested consumer products ranged from toothpaste to laundry detergent. The researchers found bis-2-ethylhexyl phthalate, diethanolamine, and glycol ethers in high concentrations. They found phthalates, monoethanolamine, alkylphenols, parabens, and cyclosiloxanes in many of the products.  Sunscreens and scented products such as air fresheners and dryer sheets contained both the largest number of target chemicals and some of the highest chemical concentrations. However, the Institute did not report whether these chemicals were present above limits setting safe levels of exposure.  For example, the National Institute for Occupational Safety and Health recommends diethanolamine exposure be limited to 3 parts per million.

The researchers allege that regulations require only limited product labeling, thereby limiting the information available to consumers.  Personal products such as sunscreens, deodorants, and anti-bacterial hand soaps are largely regulated as over-the-counter drugs by the FDA. FDA regulations mandate only that “active” ingredients be identified on product labels.  The Institute asserts that EPA has primary regulatory oversight of cleaning products, and only when these products are pesticide products (e.g., products that will kill bacteria and viruses) is active ingredient labeling required. Many consumer products call themselves “natural,” “non-toxic,” and “green;” however, the Institute contends that these terms are unregulated and the chemical contents of such products do not necessarily differ from comparable products.

The Institute also argues that gaps in ingredient information are also problematic for regulators.  It argues that EPA, for example, relies on ingredient concentrations in products for exposure modeling. 

And lastly, the researchers conclude that further study of the risks posed by the types of chemical mixtures that are found in personal care products, cleaning products, etc. are needed to understand their effects on human health.

US News, Forbes, Consumer Reports, and many other news outlets have published stories on this report.

California DTSC Releases Public Comments on Informal Draft Green Chemistry Regulations

Green Chemistry Regulations:

The public comment for the latest informal draft version of California’s “Safer Consumer Product Regulations” closed on December 30, 2011.   On January 20, 2012, the implementing agency, the California Department of Toxic Substances Control (DTSC), posted the comments on its website.  DTSC received ninety submissions from a range of stakeholder interests.  More information about the regulations is available here.

US EPA and California DTSC Form Green Chemistry Partnership

Sustainable Products/Green Chemistry:

On January 12, 2012, the US Environmental Protection Agency (EPA) and the California Department of Toxic Substances Control (DTSC) announced their Green Chemistry Partnership.  The agencies’ agreement is memorialized in a Memorandum of Understanding (MOU) that outlines principles by which the agencies will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the burden on consumers and businesses struggling to identify what’s in the products they buy for their families and customers.

The agrement supposedly will allow DTSC and EPA to minimize duplication of effort and promote consistency in their assessment methodologies, potentially providing increased environmental protection. The agreement sets up a framework for the agencies to collaborate on Green Chemistry issues so that California’s innovative “Green Chemistry” program can grow.

Jim Jones, EPA’s acting assistant administrator for the Office of Chemical Safety and Pollution Prevention said:  “This partnership will build and harmonize common tools and practices used to conduct alternative assessments to promote safer products ….  These alternative assessments inform and speed the adoption of safer chemicals for use in products, homes, schools, and workplaces, which produce significant environmental and economic benefits.”

In its press release, EPA said:  “The agreement represents a major advance for Californians looking to buy safer children’s toys, personal care products, household cleaners and other products. By shifting the question of an ingredient’s toxicity to the product development stage, concerns raised by … consumers can be addressed early on. The approach results in safer ingredients, and provides an opportunity for California industry to once again demonstrate its innovative spirit by making products that meet consumer demand throughout the world.”

EPA and DTSC signed the agreement in a ceremony at California’s Kaiser Permanente Sidney R. Garfield Health Care Innovation Center in San Leandro. Kaiser Permanente is nationally recognized as an industry leader in safer products, using its purchasing power and a sustainability scorecard to press suppliers for safer chemicals in medical products. 

Phil Moffat Will Participate on ABA Panel Concerning California's Green Chemistry Regulations

Green Chemistry Regulations:

Verdant is pleased to announce that Philip Moffat will participate on a “quick teleconference” program sponsored by the American Bar Association (ABA) Section of Environment, Energy, and Resources, titled California Dreaming, Reality, or Nightmare?  California’s New Paradigm in Chemicals and Products Regulation Is Coming to a Store Near You.”  The December 13, 2011, teleconference will discuss the substantially revised regulations recently proposed by the California Department of Toxic Substances Control (DTSC) to implement AB 1879, a new California Green Chemistry Initiative law designed to “accelerate the quest for safer products” in the state.  In addition to discussing the law’s requirements and its implementation, the teleconference will provide both industry and public health perspectives. 

Other speakers include:

  • Philip Crowley, Assistant General Counsel, Johnson & Johnson, New Brunswick, NJ
  • Dr. Joseph Guth, UC Berkeley Center for Green Chemistry; and the Science and Environmental Health Network, Berkeley, CA
  • Dr. Jeff Wong, Chief Scientist, DTSC, Sacramento, CA
  • Ann Grimaldi, McKenna Long & Aldridge LLP, San Francisco, CA

There are two ways to participate in this program, either attending a host site location or individual dial-in.  Participation at a host site location is free of charge for ABA members, and $110 for non-members.  Registration with the host site contact is required, however.  The host sites are:

  • San Francisco, CA
    McKenna Long & Aldridge LLP, 101 California St., # 41
    RSVP: Cynthia Kelly, (415) 267-4051 or ckelly@mckennalong.com
  • Washington, DC
    McKenna Long & Aldridge LLP, 1900 K Street, NW
    RSVP: Debbie Leitner, (202) 496-7372, dleitner@mckennalong.com

The teleconference will begin promptly at 1:00 pm EasternTime, Tuesday, December 13, 2011, and last for 105 minutes.

  • 1:00 p.m. – 2:45 p.m. Eastern Time / 12:00 p.m. – 1:45 p.m. Central Time
  • 11:00 a.m. – 12:45 p.m. Mountain Time / 10:00 a.m. – 11:45 a.m. Pacific Time

Additional information about the teleconference is available here.

Reminder: Upcoming Meeting of California's Green Ribbon Science Panel

Green Chemistry Regulations:

California’s Green Ribbon Science Panel (GRSP), the expert body established to advise the Department of Toxic Substances Control (DTSC) on green chemistry and the regulation of consumer products, will convene in Sacramento on November 14 (all day) and 15 (morning only) to discuss the latest informal draft of the so-called Safer Consumer Product Alternatives (SCPA) Regulations.  No agenda or other meeting materials have been publicly released at this time, but a copy of the informal draft regulations and related information is available here.

California Releases Informal Draft of the Revised Green Chemistry Regulations

Green Chemistry Regulations:

On Monday, October 31, 2011, the California Department of Toxic Substances Control (DTSC) released an informal draft of its revised green chemistry regulations, the so-called “Safer Consumer Product Alternatives (SCPA) Regulations.”  DTSC spent the last year further revising the regulations after some stakeholders decried the proposed final version released for public comment over the Thanksgiving holiday in 2010.  Public comments on the lastest informal draft are due by December 30, 2011.  The formal rulemaking process will begin in 2012.

On Monday DTSC also released a document setting out the most significant changes from the November 2010 version of the regulations. (For purposes of comparison, a summary of the November 2010 version is available here.)  It is clear that DTSC is envisioning a more robust program with shorter timelines and fewer exemptions, ultimately requiring more agency and private resources to implement without a clear benefit from doing so. In light of the poor state of California’s economy, and the relative weakness of the U.S. economy as a whole, one has to wonder why DTSC has chosen its proposed path. According to DTSC, the following are the most significant changes found in the current informal draft. 

Timeframes

(1) Many timeframes have been shortened and/or made more specific.

(2) Timing of initial Chemicals of Concern (COC) list — effective date of the regulations.

(3) Timing of initial Priority Products list — 6 months for the proposed list.

(4) Both the chemicals and products lists will be reviewed at least once every 3 years.

Chemical / Product Prioritization

(1) The regulations will establish an immediate robust (~3,000) list of COCs (which DTSC can add onto later), based on work already done by numerous authoritative bodies.

 (2) The list of hazard traits has been expanded to include all hazard traits and environmental and toxicological endpoints specified by OEHHA. Additionally, the universe of chemicals considered to be carcinogens and reproductive toxins is no longer limited to only those chemicals listed on a short list of lists.

(3) The regulations no longer limit the product categories that DTSC can consider when listing Priority Products during the first 5 years.

(4) Worker exposure has been added as a prioritization factor.

(5) The requirement for responsible entities to provide chemical and product information during the prioritization process has been eliminated. (DTSC will request this information and list anyone who does not provide the information on a Failure to Respond list.)

Alternatives Assessments

(1) The regulations expand the primary responsibility for compliance beyond the product producer to also include: (i) the person who controls the product design; and (ii) the U.S. importer.

(2) The alternatives assessment (AA) process is more specific and structured, but allows for flexibility.

(3) There is no requirement to fill information gaps during the AA — instead DTSC has the option to require this as a regulatory response.

(4) The third-party verification requirement for AAs has been eliminated — instead AAs are required to be conducted by a certified assessor. Also, DTSC will play a greater role in auditing AAs.

Exemptions

(1) The default de minimis level is 0.01% for chemicals with one of 9 specified hazard traits, and 0.1% for all other chemicals — DTSC can set a lower or higher de minimis level.

(2) The exemption for unintentionally-added chemicals has been eliminated. However, these chemicals are a consideration for setting a higher de minimis level.

(3) The “no exposure pathway” exemption has been eliminated. However, exposure potential will still be considered during the chemical/product prioritization process.

Readers wanting more information should check back for future posts on this development, as well as visit the DTSC website. In addition, there will be a public workshop on the draft proposal on December 5, 2011 from 9:30 am to 3:30 pm in Sacramento. The Green Ribbon Science Panel also will dicuss the proposal at the Panel’s meeting on November 14 – 15, also in Sacramento.        

Phil Moffat Will Speak About Green Marketing at the 2011 ASC Fall Conference and Expo

Green Marketing:

Verdant is pleased to announce that Philip Moffat will speak at the 2011 ASC Fall Conference and Expo in Indianapolis, Indiana on October 16 – 18.  Phil will discuss marketing and enforcement trends, the tools available to regulate green marketing in the U.S. and elsewhere, and the legal risks attending the marketing of “sustainable” packaging or other “green” products for which universally accepted metrics and definitions are lacking.  

More information about the Fall Conference and Expo is available here.  A copy of the presentation is available here.

EPA Launches Green Products Web Portal for Pollution Prevention Week

Sustainable Products/Green Marketing:

This week is Pollution Prevention Week.  And to help celebrate the Week, EPA has announced the launch of a new portal to help consumers find so-called “Greener Products.”   The tool is intended to provide consumers information about everyday products, enabling them to identify those that require less energy or water, or use safer chemicals.  The Agency’s announcement is embedded below.  The portal is accessible here.

______________

WASHINGTON — The U.S. Environmental Protection Agency (EPA) is observing Pollution Prevention (P2) Week (September 19-25, 2011) by launching a new tool designed to provide Americans easy access to information about everyday products like home appliances, electronics and cleaning products that can save money, prevent pollution and protect people’s health. The new green products web portal is available at www.epa.gov/greenerproducts

This week serves to recognize significant pollution prevention work around the country and help  consumers get involved in pollution prevention. EPA’s new green products web portal is an easy way for all Americans to learn about products that prevent pollution and protect our environment.

Using the new tool, consumers can find electronics and appliances that have earned EPA’s Energy Star label and can browse WaterSense products that help save energy and water. Additionally, consumers can find information about cleaning products that are safer for the environment and people’s health. These products bear the EPA Design for the Environment (DfE) label. The website will also help manufacturers and institutional purchasers with information on  standards and criteria for designing  greener products.

“By purchasing greener products, consumers can help reduce air pollution, conserve water and energy, minimize waste and protect their children and families from exposure to toxic chemicals, while also creating green jobs,” said Steve Owens, assistant administrator of EPA’s Office of Chemical Safety and Pollution Prevention, “Pollution Prevention is good for our health, our environment and our economy.”

Join the EPA in marking P2 Week this week, and help prevent pollution every day. More information on pollution prevention, P2 Week, and EPA’s P2 programs: http://epa.gov/p2/

Philip Moffat Will Speak About Sustainable Packaging at the 2011 ASC Sustainability Summit

Sustainable Products/Green Marketing:

Verdant is pleased to announce that Philip Moffat will speak at the 2011 ASC Sustainability Summit in Rosemont, Illinois (O’Hare) on July 26 – 27.  Mr.  Moffat will discuss green marketing and enforcement trends, the tools available to regulate green marketing in the U.S. and elsewhere, and the legal risks attending the marketing of “sustainable” packaging in the absence of universally accepted metrics and definitions.

The Adhesive and Sealant Council (ASC) and ASTM International (formerly known as the American Society of Testing and Materials) are co-sponsoring the event.  Representatives from well-known organizations such as Dow Corning, John Deere, HP Fuller, the America Chemical Society’s Green Chemistry Initiative, USEPA, and many others will be presenting on timely topics ranging from Green Chemistry to Green Marketing.  A copy of the preliminary agenda is set out below.  The conference brochure is available here.


Tuesday, July 26

Keynote Speaker………………………………………………………………….8:00 – 8:45 am
Dr. Bob Peoples, ACS

Adhesive Panel Discussion (focused on transportation)…………….8:45 – 10:15 am
Moderator: Sandra Niks, ASTM

Sealant Panel Discussion (focused on building construction)…….10:30 am – Noon
Moderator: Ken Yarosh, Dow Corning

Lunch Keynote Speaker……………………………………………………….Noon – 1:00 pm
FEICA – The EU’s perspective on sustainability
in the adhesive and sealant space

Adhesive Panel Discussion (focused on packaging)……………………1:15 – 2:45 pm
Moderator: John Kalkowski, Packaging Digest Magazine

Break Out Session – Adhesives………………………………………………3:30 – 4:30 pm

Break Out Session – Sealants…………………………………………………3:30 – 4:30 pm

Tour of a LEED Silver Building………………………………………………..4:30 – 5:45 pm

Reception…………………………………………………………………………..6:00 – 7:00 pm

Wednesday, July 27

Adhesives Group Key Findings……………………………………………….8:00 – 8:45 am
Presented by Adhesives Group Leader

Sealants Group Key Findings………………………………………………….8:45 – 9:30 am
Presented by Sealants Group Leader

ASTM Future Initiatives & Roadmap………………………………………9:45 – 10:00 am

ASC Future Educational Initiatives ………………………………………10:00 – 10:15 am

Closing Keynote Session……………………………………………………10:30 – 11:30 am
Rik Master, USG Corp.

Health Canada Publishes FAQs on Canada Consumer Product Safety Act

Consumer Products:

On May 17, 2011, Health Canada published a Frequently Asked Questions (FAQ) document concerning the Canada Consumer Product Safety Act (CCPSA).  The CCPSA enters into force on June 20, 2011, and many questions remain unanswered.  Industry and other stakeholders have been waiting for more detailed instructions from the agency.  A copy of the CCPSA is available here, and the FAQ is available here.

A broad range of products and associated packaging are covered by the CCPSA.  Under the Act, a “consumer product” is defined as a product, including its components, parts or accessories that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. Section 4 of the Act outlines the consumer products to which the CCPSA does not apply, including those listed in Schedule I. These include products that are covered under other legislation such as food, cosmetics, medical devices, drugs, natural health products, pest control products, fertilizers and vehicles.

The FAQ includes a fairly comprehensive set of questions.  The following examples are provided for the reader’s convenience:

Q. Does my product fall under the Canada Consumer Product Safety Act (CCPSA)?

Q. Is Health Canada considering adding certain products to the list of products to which the Canada Consumer Product Safety Act (CCPSA) does not apply?

Q. The definition of “consumer product” contains terms such as “obtained” and “non-commercial purposes” which are not defined in the Act. Is Health Canada going to provide definitions or guidance on these terms?

Q. Will there be a transition period for the implementation of the Canada Consumer Product Safety Act (CCPSA) and regulations, and if so, how long will it be?

Q. What does it mean in practice for the Minister to have the authority to order a recall?

Q. What is Mandatory Reporting?

Q. How do I determine what is considered as a reportable incident?

Q. Will the Canada Consumer Product Safety Act (CCPSA) Mandatory Reporting requirements be retroactive? For example, at the time that the Act comes into force on June 20th, 2011, will manufacturers, importers and retailers be required to report incidents that happened prior to that date?

Q. If a product falls under the purview of both the Canada Consumer Product Safety Act (CCPSA) and another statute, such as a provincial one, will Health Canada be the primary reporting body that will distribute the incident report information to the other regulatory body?

Q. Does a recall undertaken in another country need to be reported in Canada as well?

Q. Is Health Canada planning to require traceability of components of consumer products?

Q. When can we expect to see new regulations under the Canada Consumer Product Safety Act (CCPSA)?

Q. When will the regulations for Administrative Monetary Penalties be developed?

Q. Will certain organizations be exempt from the Canada Consumer Product Safety Act (CCPSA)?

Q. What safeguards are in place to protect Confidential Business Information submitted to Health Canada?

Readers interested in consumer product safety should continue to follow Canada’s implementation of this important new law.