All Knowledge & Insights By Date

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...

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...

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...

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,...

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...

The International Bar Association (IBA) Agriculture and Food Section (AFS) is sponsoring two sessions at the IBA Annual Conference Paris 2023, covering the increase in antimicrobial resistance (AMR) as it impacts global food security and ways to protect biodiversity through legal instruments. Antimicrobial resistance regulation in the context of one health: how legislation can help reduce AMR, Tuesday, October 31, 2023, 11:15 a.m. – 12:30 p.m. (CET), AFS is lead sponsor. This session will...

The U.S. Consumer Product Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in commerce or potentially used in consumer products, potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from their use in consumer products. 88 Fed. Reg. 64890. CPSC also announced the availability of a contractor report with a focus on PFAS that are...

The European Chemicals Agency (ECHA) announced on September 13, 2023, that to improve transparency of the legislative process, its Enforcement Forum has decided to make its advice on the enforceability of Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation restriction proposals public. According to ECHA, Forum advice will from now on be available on ECHA’s website. The first published advice is on the proposal to restrict creosote and related substances in...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Lynn L. Bergeson and Lisa R. Burchi are speaking at Chemical Watch’s Regulatory Summit Americas (September 25 – 26, 2023) and PFAS Updates USA (September 27, 2023) conferences. On September 25, 2023, Ms. Bergeson will present “TSCA Reporting Including PFAS and Asbestos.” Topics include: Also on September 25, 2023, Ms. Burchi will present “Legal Requirements of the Federal...

AUSTRALIA AICIS Extends Temporary Recordkeeping Provisions For NICNAS Introducers To April 1, 2024: On September 13, 2023, the Australian Industrial Chemicals Introduction Scheme (AICIS) announced that recordkeeping provisions for introducers that transitioned from the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) to AICIS will continue to be available until April 1, 2024. AICIS notes that these arrangements apply only to “eligible introducers who are still...