The Vermont Department of Health won approval for its new, burdensome children’s product green chemistry reporting program from the state’s Legislative Committee on Administrative Rules on November 19, 2015. The final version of the Toxic Substances in Children’s Products Rule took effect on December 10, 2015, and follows from the state’s 2014 green chemistry bill,
Product Safety
Vermont Department Issues Final Proposal on Children’s Product Chemical Disclosure
The Vermont Department of Health has released the final proposed version of its Toxic Substances in Children’s Products Rule (although it is not yet available on the Department’s website) adopted under state’s 2014 green chemistry law, Act 188. The rule, largely unchanged from the proposal, is now scheduled to go before the state’s Legislative…
CPSC Versus FDA Recalls: What You Need to Know
Selling to consumers is generally a beneficial enterprise for all involved, but occasionally businesses will need to recall products, for a myriad of reasons. When that happens, different sets of rules apply depending on the type of product that is impacted. If your product falls under the U.S. Consumer Product Safety Commission’s (CPSC) jurisdiction, one…
Vermont Proposes SKU-Level Reporting in GreenChem Rulemaking
For everyone concerned about the expanding burden of green chemistry reporting, here’s something that will really make your hair – and bankbook – stand on end: Vermont is proposing to implement the green chemistry law adopted last year by mandating SKU-level reporting. Yes, you read that correctly. (Read the proposed rule here.) The impact…
Industry Victory in Prop 65 Appeal: Exposure Averaging Upheld
A California appeals court has affirmed a trial court ruling that averaging exposure to reproductive toxicants over a relevant “window of susceptibility” time period specific to the chemical, and across product lots, was appropriate in a Proposition 65 case involving lead in baby and toddler foods. Environmental Law Foundation v. Beech-Nut Corp., (A129831, Alameda County…
Green Chemistry – The State of the States
For the consumer products industry, there is little question that state green chemistry laws are becoming increasingly complex and challenging. Laws are in place from California to Maine, and proposals are bubbling up around the country. States as diverse as Connecticut, New York, Florida, Oregon, and even Mississippi are considering their own green chemistry laws. …
Tips for Preventing Privacy and Data Breach Suits
As we discussed in the Privacy Class Action Claims on the Rise post from December 17, 2014, the number of privacy class action claims is trending upwards, along with all things privacy-related. Some of the breaches and other big media stories could have been avoided, while others were unavoidable for the businesses at issue. Either …
Not-So-Voluntary Standards? SCOTUS Considers Constitutional Concerns About Key Regulatory Tool, Public-Private Development Process
The Supreme Court heard a case earlier this month that could have a big impact on businesses in many areas regulated by federal agencies that use voluntary standards. In U.S. Department of Transportation v. Association of American Railroads, the Supreme Court is considering a D.C. Circuit decision that invalidated a law that gives Amtrak …