Tag Archives: Product compliance

Recent district court decision limits Proposition 65 warnings on First Amendment ‘compelled speech’ grounds

A U.S. District Court recently barred enforcement of California’s Proposition 65 warning requirement on the First Amendment ground of “compelled speech.” Proposition 65 requires businesses to provide warnings to consumers before exposing them to over 900 chemicals linked to cancer or reproductive toxicity. Although the State of California will almost certainly appeal the decision, National … Continue Reading

Comments sought on review of the EU General Product Safety Directive

The European Commission is currently seeking public comment as part of its review of the EU General Product Safety Directive (GPSD) (Directive 2001/95/EC). The GPSD sets out a broad regulatory framework for the placement of non-food consumer products (not regulated by other product specific EU legislation) on the EU market. In particular, it establishes the … Continue Reading

CARB plans more consumer product regulations to reduce smog-forming emissions

The California Air Resources Board (CARB) continues its efforts to reduce air pollutants from consumer products through amendments to California’s Consumer Products Regulation. Proposed amendments would further lower current volatile organic compounds (VOC) limits for certain consumer products. Background The Consumer Product Regulation is an important part of CARB’s effort to reduce the amount of … Continue Reading

Plastic-reduction efforts in California yield to COVID-19 pandemic

This year might have been the year for California to set sharp reductions in plastic packaging and single-use plastic food ware, among other plastic items. But the COVID-19 pandemic and an increased use of disposable products to avoid the risk of transmitting the virus through reused items appear to have halted this effort. A ballot … Continue Reading

In the midst of COVID-19, attorneys general of 18 States urge stronger EPA Action on PFAS

Last Friday, April 17, the attorneys general of New York, Pennsylvania, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Virginia, Washington, and Wisconsin filed a comment letter with the U.S. Environmental Protection Agency (EPA) urging the agency to take more comprehensive actions regarding per-fluoroalkyl and poly-fluoroalkyl substances (collectively, … Continue Reading

Last call for alcohol… comments. Proposed amendments to clarify the requirements for providing alcoholic beverage Proposition 65 warnings

Following a recent settlement between the California Attorney General’s Office and a number of alcoholic beverage retailers, the Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the Proposition 65 warning requirements for alcoholic beverages sold on the internet, in catalogs, and via third-party providers. The most prominent item in the settlement’s methods … Continue Reading

New EU Circular Economy Action Plan and Sustainable Product Policy

Five years after its first iteration, yesterday (11 March 2020), the European Commission launched its new Circular Economy Action Plan (CEAP) as part of the overall European Green Deal. The CEAP contains many proposals.  We will explore others (including those relating to batteries, packaging, plastics, textiles, ‘safe-by-design’ chemicals, non-financial reporting and shipment of waste) in … Continue Reading

Waste and the circular economy: French government proposes to increase liability for waste

Our EU law environmental and product regulatory teams have been following the passage of a significant new law through the French parliament: ‘the Anti-Waste and Circular Economy Bill’ (Projet de loi relatif à la lutte contre le gaspillage et à l’économie circulaire) (the Bill). Key features of the Bill include: Radically expanded obligations for producers … Continue Reading

REACH update: ECHA adds 18 SVHCs to the Authorisation List

Following on from the consultations carried out in 2018, and as had been expected, the European Chemicals Agency (ECHA) announced yesterday that it will move to add 18 substances of very high concern (SVHC) to Annex XIV of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), i.e. the “Authorisation List”. As a reminder, substances … Continue Reading

EU consultation watch: EU Commission launches new consultations on RoHS and ELV directives

The European Commission is inviting interested parties to submit their comments and concerns related to EU legislation on the following topics: The Restriction of Hazardous Substances (RoHS) Directive: This is merely a generic request for feedback. The Commission will be releasing a revised RoHS Directive in 2021 and is, therefore, offering a chance for industry … Continue Reading

Circular Economy and the EU Waste Shipment Regulation: why changes to the latter are critical to the success of the former

Overall, the EU Waste Shipment Regulation (EC No. 1013/2006) (the EWSR) is effective, relevant and coherent, and adds value at the EU level. Those were the conclusions of the Trinomics study supporting the evaluation by the European Commission of the fitness for purpose of the EWSR (here: https://publications.europa.eu/en/publication-detail/-/publication/926420bc-8284-11e9-9f05-01aa75ed71a1/language-en/format-PDF/source-99087502). Many in business who have grappled with the … Continue Reading

Reprint may soon be needed for California cannabis warning labels

California’s Office of Environmental Health Hazard Assessment’s (OEHHA) announced on March 15, 2019, that it is collecting public comments regarding the inclusion of cannabis on the Proposition 65 list of substances known to cause birth defects. Such a finding by OEHHA would require those in the California cannabis industry to change their warning labels, informing … Continue Reading
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