October 26, 2023

ECHA Finds REACH Registrations in Breach of Update Requirement

The European Chemicals Agency (ECHA) announced on September 27, 2023, that it carried out two campaigns during 2021-2023 to remind companies of their obligation to keep their Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) registrations up to date. According to ECHA, 57 of the 689 screened registrations, from 50 companies in 11 European Union (EU) member states, are still in breach of the update requirements under REACH Article 22. ECHA states that it reported...
October 26, 2023

Catherine M. Croke, DBA, Elected to Product Stewardship Society Board of Directors

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Catherine M. Croke, DBA, Director of Product Stewardship and Regulatory Affairs, has been elected to serve on the Product Stewardship Society’s (PSS) Board of Directors for the 2023 – 2026 term. PSS President Lisa Marie Nespoli, CPPS, said of the newly elected directors: “These accomplished figures have earned recognition as leaders in product stewardship, and we are eager to tap...
October 18, 2023

Lynn L. Bergeson to Present at ABA SEER “Careers in Chemicals” Webinar

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to share that Lynn L. Bergeson will present during the American Bar Association (ABA) Section of Environment, Energy, and Resources’ (SEER) Pesticides and Chemicals Committee’s “Careers in Chemicals” webinar on October 20, 2023, at 12:00 p.m. (EDT). This event will feature a panel of experienced attorneys who will discuss their legal careers, why they focus their practice on chemical regulatory/litigation...
October 16, 2023

Lynn L. Bergeson, “EPA Issues Final Rule on TSCA PFAS Reporting Requirements,” Chemical Processing, October 16, 2023.

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule requires reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed in this article, the final rule is not what many of us expected nor wanted....
October 13, 2023

HSE Begins Public Consultation on Draft Recommendation to Add DIHxP to UK REACH Authorization List

The United Kingdom (UK) Health and Safety Executive (HSE) began a public consultation on September 18, 2023, on its draft recommendation for 2023 to include diisohexyl phthalate (DIHxP) on the authorization list (Annex 14 of UK REACH). According to HSE’s draft background document, the European Chemicals Agency (ECHA) prioritized DIHxP and included DIHxP in its April 12, 2023, recommendation for the inclusion of substances in the European Union (EU) Registration, Evaluation, Authorisation and...
October 12, 2023

FDA Seeks Comment on Cosmetics Direct and Forms Regarding Registration of Cosmetic Product Facility and Cosmetic Product Listing

On September 15, 2023, the U.S. Food and Drug Administration (FDA) announced that it is seeking comment on its newly developed draft electronic submission portal (Cosmetics Direct) and paper forms (Forms FDA 5066 and 5067). The submission portal and paper forms are part of FDA’s implementation of the new registration and listing requirements mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). FDA has provided screenshots of the draft electronic system, draft Form...
October 11, 2023

Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA’s Final PFAS Data Rule Seen as Ripe for Industry Challenges”

On October 10, 2023, comments by Lynn L. Bergeson were featured in Bloomberg Law’s article on the U.S. Environmental Protection Agency’s (EPA) decision to require companies to report extensive information about per- and polyfluoroalkyl substances (PFAS) in their merchandise. Not every attorney thinks the rule could be legally vulnerable. The regulatory burden, especially on small business entities, is high, and the scope of the reporting obligation is “insanely broad,” said Lynn...
October 3, 2023

EPA Releases Final TSCA Section 8(a)(7) Reporting Rule for PFAS

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...
September 29, 2023

Karin F. Baron, MSPH, and Richard E. Engler, Ph.D., to Speak at SCHC’s Annual Meeting

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that  Karin F. Baron, MSPH, Director of Hazard Communication and International Registration Strategy, and Richard E. Engler, Ph.D., Director of Chemistry, will present the full-day Regulatory Jurisdiction Workshop on October 2, 2023, an intermediate course where participants will gain a clearer understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide,...
September 28, 2023

EPA and DOJ Claim eBay Unlawfully Sold Pesticides, Banned Chemical Products, and Devices That Defeat Pollution Controls on Motor Vehicles

The U.S. Environmental Protection Agency (EPA) announced on September 27, 2023, that the U.S. Department of Justice (DOJ), on behalf of EPA, filed a complaint against eBay Inc. (eBay) “for unlawfully selling, offering for sale, causing the sale of, and distributing hundreds of thousands of products” in violation of the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). According to EPA, the complaint seeks...