All Published Articles

Lynn L. Bergeson, "Prepare Now," Manufacturing Today, February 6, 2018.

Big changes are in store for regulated entities subject to Prop 65 based on a rule implemented in August 2016, but with a fast-approaching enforcement date of Aug. 30, 2018.

Lynn L. Bergeson, "Expect the EPA to Be Busy in 2018," Chemical Processing, January 23, 2018.

The new year promises to be a busy one in the chemical area. The U.S. Environmental Protection Agency (EPA) hit all of its new Toxic Substances Control Act (TSCA) marks in timely promulgating rules or taking other steps required by the new TSCA. 

Lynn L. Bergeson, "NIOSH Plans to Support Implementation of WHO Guidelines to Protect Workers from Nanomaterials," Nanotechnology Now, January 2, 2018.

On December 15, 2017, the National Institute for Occupational Safety and Health (NIOSH) posted a blog item entitled "WHO Guidelines to Protect Workers from Nanomaterials." As reported in our December 13, 2017, blog item (see https://nanotech.lawbc.com/2017/12/who-publishes-guidelines-on-protecting-workers-from-potential-risks-of-manufactured-nanomaterials/), the World Health Organization (WHO) recently published WHO Guidelines on Protecting Workers from Potential Risks of Manufactured Nanomaterials.

Lynn L. Bergeson, "EPA: Mercury Merits Attention," Chemical Processing, January 2, 2018.

The U.S. Environmental Protection Agency (EPA) continues to implement reporting requirements pertinent to the supply, use and trade of mercury in the United States. This column provides more information and a closer look into the EPA’s October 2017 proposed rule.

Lynn L. Bergeson, "Resetting the TSCA Inventory: Why This Is Important," Environmental Quality Management, Volume 27, Issue 1, Fall 2017.

On August 11, 2017, the U.S. Environmental Protection Agency (EPA) published the third Toxic Substances Control Act (TSCA) framework final rule in the Federal Register, the TSCA Inventory Notification (Active-Inactive) Requirements (EPA, 2017). This final rule is now in effect. This Washington Watch column explains why the rule is important, and what stakeholders should be doing to protect their interests.

Lynn L. Bergeson, "Warning Labels: Q&A Clears Up Proposition 65," Chemical Processing, November 14, 2017.

California’s Proposition 65 (Prop 65) has been a keen area of client interest for years. One question repeatedly asked is “what is a clear and reasonable warning?” The California Office of Environmental Health Hazard Assessment (OEHHA) released a Questions and Answers for Businesses (Q&A) document specifically covering “clear and reasonable warnings” requirements. The Q&A aims to help companies comply with new Prop 65 notice requirements that become effective next August. This column explains the significance of this Q&A document.

Lynn L. Bergeson, "Information Required," Manufacturing Today, November 1, 2017.

After a decade of trying, the U.S. Environmental Protection Agency (EPA) now has in effect a final Toxic Substances Control Act (TSCA) Section 8(a) information gathering rule focusing on nanoscale materials. This article explains the final rule, what stakeholders are required to do, and by when.

Lynn L. Bergeson, Richard E. Engler, Ph.D., and Lauren M. Graham, Ph.D., "TSCA Affects on Algae, Other Novel Biosources, and Bioprocesses," Industrial Biotechnology, Volume 13, Issue 5, October 2017.

The Toxic Substances Control Act (TSCA) is the federal gap-filling chemical control law regulating chemical substances used in applications other than food, drugs, cosmetics, and pesticides, and other uses that are regulated by other federal authorities. Chemical product innovators need to understand how TSCA, significantly amended in 2016, applies to biomass starting material, including industrial microorganisms (such as algae), intermediates, and commercial products, and build TSCA compliance into business timelines and budgets. Doing so will better assure uninterrupted business operations and consistent TSCA compliance.

Lynn L. Bergeson, "California Targets Cleaning Product Ingredients," Chemical Processing, October 30, 2017.

On October 15, 2017, California governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017. The law requires manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website. The online disclosure requirements apply to a designated product sold in California on or after January 1, 2020, while the product label disclosure requirements cover products sold in California on or after January 1, 2021.

Lynn L. Bergeson and Bethami Auerbach, "Innovation, Consumer Products, and Legal Risk: Points to Consider," Paper presented at the 2017 Retail Law Conference, October 12, 2017.

Products that embody tried, true, and especially cutting-edge technologies are generally embraced by retailers as sure-fire pathways to marketing success. What’s not to like about best sellers and newer, faster, cleaner, or otherwise improved products? Sometimes overlooked is what is hidden behind the technology curtain -- what is the secret sauce that makes the product faster, cleaner, or better? In marketing products with new modes of action and spiffy new attributes, retailers are part of a product liability chain of which they need to be aware. This paper provides an overview of emerging legal and practical issues pertinent to the inclusion of technologies supporting products marketed to the public.

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