Memoranda

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) released its draft Pesticide Registration (PR) Notice, entitled “Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments” (Draft PRN 2026-NEW), and announced a 45-day public comment period. 91 Fed. Reg. 271. Since the January 5, 2026, announcement, a 30-day extension to the comment period has been approved but not yet published. In the Draft PRN 2026-NEW, EPA provides...

The House Committee on Energy and Commerce held a hearing on January 22, 2026, on “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing focused on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft). As reported in our January 17, 2026, memorandum, the Discussion Draft would impose sweeping changes to many of...

On January 15, 2026, the House Energy and Commerce Subcommittee on Environment announced it will hold a legislative hearing on January 22, 2026, entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing will focus on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft).  While...

In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two “Information Letters” regarding Prop 65 compliance issues. Each is discussed below. Warnings for Receipts/Labels Accompanying a Consumer Purchase On December 8, 2025, OEHHA issued an Information Letter to provide guidance regarding Prop 65 warnings for Bisphenol S (BPS) in receipt paper and shipping...

The U.S. Environmental Protection Agency (EPA) announced on January 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,3-butadiene. 91 Fed. Reg. 264. EPA states in its December 31, 2025, press release that it found “potential unreasonable health risks for workers who breathe in this chemical at their jobs in 11 specific industrial settings.” As required by TSCA, EPA will now develop a risk management rule to protect workers from the...

Download a PDF of the Forecast 2026. Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our Forecast 2026. Our distinguished global team of chemical experts worked hard to summarize our collective best guess on what to expect in the New Year regarding global industrial, agricultural, and biocidal chemical regulatory and policy...

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...

Fluoride, well-known for its anticavity properties, has seen a growing number of state and federal initiatives seeking to limit or prohibit various uses of the substance. Federal agency heads, as well as top state officials, have expressed a strong interest in “taking action” against existing fluoride use in public drinking water and ingestible drug products.  Evolution of Fluoride Regulation, Past to Present Fluoride has a long history of regulation in the United...

On December 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Updated Draft Risk Calculation Memorandum (Draft Memorandum) to inform a revised draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 55726. EPA states that after further consideration of comments raised during the scientific peer review process, it is reconsidering the use of certain hazard values in the formaldehyde...

The European Union Deforestation Regulation (EUDR) appears to be headed for yet another full-year delay following growing political pressure, concerns about the readiness of the European Commission’s (EC) information technology (IT) systems, and intensifying industry warnings that the current December 30, 2025, compliance deadline is becoming increasingly unrealistic. While the EC has not yet officially postponed the implementation date, the signals coming out of Brussels are...