Chemical Industry Regulatory Update - August 2021

A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP

Date: August 10, 2021

The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

EPA Requires Reporting on Health and Safety Data for Fifty Chemicals

In the end of June, in accordance with the Toxic Substances Control Act (TSCA), the EPA finalized a rule requiring manufacturers of 50 chemicals to report health and safety studies data to the EPA. The rule pertains to 20 chemicals designated as high-priority for risk evaluation and 30 chemicals that are flame retardants. EPA is also requiring manufacturers to report unpublished studies for the chemicals relating to environmental effects, occupational, general population, and consumer exposure. More information on the rule is available here.

PFAS-Containing Carpets and Rugs Added to List of DTSC’s Priority Products

On July 1, California’s Department of Toxic Substances Control added carpets and rugs that contain per- or polyfluoroalkyl substances (PFASs) to its list of Priority Products. Such carpets and rugs were added due to DTC’s concerns about the hazard traits of PFASs and because carpets and rugs treated with PFASs for stain- or soil-resistance are potential long-term sources of widespread human and ecological exposures to this class of chemicals. More information on the listing is available here.

Federal Trade Commission Issues Final Rule on “Made in USA” Claims

David M. Schwartz, Scott E. Diamond*William L. Matthews

On July 14, 2021, the Federal Trade Commission (“FTC”) published in the Federal Register (86 Fed. Reg. 37022-35) its final rule for “Made in USA” and other unqualified U.S.-origin claims (“unqualified U.S.-origin claims”) on product labels. The final rule is effective on August 13, 2021. The final rule codifies a longstanding FTC policy and practice that a product or service with an unqualified U.S.-origin claim, whether express or implied, on its label cannot contain more than a de minimis amount of foreign origin. The final rule also addresses mail order catalogs or mail order promotional material that include a seal, mark, tag, or stamp that identify a product with an unqualified U.S.-origin claim. Read more.

*Not licensed to practice law

China-U.S. Legal and Regulatory Update

David M. Schwartz, Francesca M.S. Guerrero, Samir D. Varma, Dan Ujczo, Michelle Li, Joyce Rodriguez, Scott E. Diamond*

On July 13, 2021, the U.S. government issued an updated Xinjiang Supply Chain Business Advisory highlighting the supply chain risk exposures related to forced labor and other human rights abuses linked to Xinjiang, China. More information about this and other US-China trade regulations is available here.

*Not licensed to practice law

Hot Topics Under UK Environmental Laws

Andrew L. KolesarMichael Barlow

In a recent episode of our Environmental L.A.W.S. podcast series, Andrew and Michael discussed hot topics impacting UK environmental laws. This presentation provides insights on post-Brexit environmental laws, including “UK REACH”; the status of the deliberations over the Environment Bill; enforcement trends; climate change and “net zero” objectives; and ESG initiatives. Click here to listen.

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Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.

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FOR MORE INFORMATION

For more information, contact the editor, William J. Hubbard, or any of the authors.

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