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April 25 US: Mothers Challenge a Trace Contaminant in Tide

April 25th, 2012

From The New York Times:

In their quest to rid cleaning products of toxic chemicals, consumer advocates have now set their sights on Tide, the best-selling laundry detergent.

Last fall, the environmental groupWomen’s Voices for the Earth commissioned laboratory tests on 20 cleaning products and found what it described as problematic levels of 1,4 dioxane, a solvent, in Tide Free & Gentle (fragrance free) and Tide Original Scent, said Erin Switalksi, the group’s executive director. Smaller amounts of the chemical were found in Bounce Free & Sensitive (fragrance free), dryer sheets that are used to reduce static.

Small amounts of 1,4 dioxane are formed during the manufacturer of detergents, shampoos and certain drugs. The Environmental Protection Agency considers the chemical a probable carcinogen.

Ms. Switalski said her group had relayed its concerns to Procter & Gamble, the manufacturer, and that a group of advocacy organizations had done so as well, demanding action. “Tide Free and Gentle is marketed to moms as a healthier choice for babies,” she said, adding, “Our perspective is that it doesn’t need to be in there.”

But Procter & Gamble officials say that the levels of 1,4 dioxane in their products are minuscule and well within generally accepted safety guidelines. “We are many, many levels of magnitude below the levels that are considered any level of safety risk,” said Tim Long, a toxicologist for the company.

Procter & Gamble does not plan to reformulate the products based on the recent testing. However, Mr. Long said the company has been working for decades to reduce or eliminate even trace elements of 1,4 dioxane and other toxic chemicals in its products and continue to do so.

One difficulty is that the federal government has not published a definite limit for what constitutes a safe level of 1,4 dioxane in consumer products. In March, the Environmental Protection Agency identified 83 chemicals for further assessment under the Toxic Substances Control Act, and 1,4 dioxane was on the list.

In addition, the E.P.A. allows no more than 100 parts per million of 1,4 dioxane for a product to be eligible for its Design for the Environmentprogram, a labeling program intended to highlight safe cleaning and household programs.

The Women’s Voices for the Earth’s lab testing found 89 parts per million of 1,4 dioxane in Tide Free & Gentle, 63 parts per million in Tide Original Scent and less than 1 part per million in the Bounce product, Ms. Switalksi said.

Procter & Gamble official said the amounts were so low that they had not warranted the government’s full attention. They pointed out, for instance, that while the Food and Drug Administration has not set a limit for 1,4 dioxane, it considers current levels in cosmetics are permissible.

But Ms. Switalski said the uncertainty underscores why Procter & Gamble should remove the chemical from its products. “We don’t fully understand how much 1,4 dioxane is needed to give someone cancer,” she said, arguing that the levels might be different for infants and people who are sick. “For us, the bottom line is that Tide and Tide Free and Gentle are contaminated products.”

In the last several years, independent laboratory tests have become a common tool for consumer groups seeking to pressure the companies to reformulate consumer products.

In 2010, Procter & Gamble reformulated its Herbal Essence line of shampoos so that they carried no more than 10 parts per million of 1,4 dioxane, which company official said was part of an overall effort to reduce or eliminate the chemical from its products.

And last year, Johnson & Johnson said it was reformulating its baby productsto remove phthalates and to reduce 1,4-dioxane in baby shampoos.

We will keep you updated of any regulatory changes.

April 11 US: New Study Warns Against ‘Reforming’ Toxic Substances Act

April 11th, 2012

From Heartland.org:

Efforts to reform the Toxic Substances Control Act could end up harming human health by stifling innovation and keeping perfectly safe and beneficial products from reaching consumers, concludes a just-released study by the Competitive Enterprise Institute.

Changes Would Stifle Innovation

“Changes to TSCA are highly unlikely to have any measurable positive effect on public health, given the scant evidence that the trace-level substances that TSCA regulates have any significant health impacts,” said Angela Logomasini, director of risk studies at CEI, in a press release accompanying the study.“Rather, a stronger TSCA law may harm human well-being by leading to bans on many valuable products, undermining innovation, and diverting resources from valuable enterprises to meet burdensome regulatory mandates.”

TCSA Balances Costs, Benefits

Enacted in 1976, TSCA is designed to regulate chemicals not covered by other environmental statutes. TSCA also differs from other environmental laws in setting a risk-based standard for allowing the U.S. Environmental Protection Agency (EPA) to regulate chemicals.

TSCA “also demands that the agency consider both cost-benefit considerations and potentially adverse outcomes of its regulatory actions,” noted Logomasini. “Under TSCA, EPA is allowed to regulate when the agency finds that a chemical poses ‘an unreasonable risk to health or the environment.’ Once that determination has been made, EPA must apply such restrictions ‘to the extent necessary to protect adequately against such risk, using the least burdensome requirements.’”

Precise Language Drives Success

The CEI study, “The Real Meaning of TSCA ‘Modernization’: The Shift from Science-based Standards to Over-Precaution,” warns “reforming” TSCA may transform the law into the antithesis of what it was created to do.

Because TSCA has a risk-based approach to regulation, the carefully crafted language of TSCA has generally avoided creating controversies like those that have surrounded the Clean Air Act, Clean Water Act, and other more loosely worded laws. Weakening the statute’s scientific safeguards could bestow EPA with far-reaching discretionary power to regulate as it sees fit, the study warns, which will dramatically change the intended nature of the law.

“Contrary to many claims,” the study explains, “the EPA has managed to use [the TSCA] to impose thousands of regulations, collect substantial data under both mandatory and voluntary programs, and demand testing of chemicals.”

Activists Seek Presumption of Guilt

Ironically, it is the clear and carefully tailored language of the TSCA that has frustrated environmental activists and prompted them to pressure the Obama administration to call for “modernizing” the statute. Richard Dennison of the Environmental Defense Fund (EDF), for example, advocates a “presumed guilty until proven innocent” approach to a restructured TSCA.

On the legislative front, Sen. Frank Lautenberg (D-NJ) introduced a bill in 2009 to, in his words, “put the burden of chemical safety where it belongs: on the chemical companies.” Lautenberg’s bill was not enacted, but that hasn’t kept environmental activists from urging Congress to scrap TSCA’s current risk-based standard for a more speculative “precautionary” approach.

“Some would model the new rule after the ‘reasonable certainty of no harm’ standard set in the Food Quality Protection Act, which has produced a host of unnecessary bans and regulations on valuable products that are used to ensure affordable food production and control of dangerous pests,” Logomasini explained.

Where Is the Need?

“Where is the evidence that we, the people, need to be protected from environmental exposure to tiny amounts of chemicals?” asks Gilbert Ross, M.D., medical director of the New York-based American Council for Science and Health.

“The cries for ‘reform’ emanate from the same environmental activist groups that oppose so many other beneficial chemicals and technologies,” Ross continued. “These well-funded groups, whose raison d’etre is to foment regulation and litigation, say the law is creaking at age 36, and only a handful of chemicals have been regulated under its auspices. Talk about circular logic—the chemicals assessed have been found to be safe, so they say something must be wrong with the law!”

We will keep you informed about any changes to the TSCA.

April 10 Canada: Consumer Product Recall HD Life Style Hairspray

April 10th, 2012

From Health Canada:

This recall involves the “HD Life Style Hairspray Extreme” brand of hairsprays. This hair care product is sold in a 500 mL black aerosol container. The UPC on the product is 8022033004659.

The recalled product contains methylene chloride (dichloromethane), which is banned as an ingredient in pressurized products. This chemical compound is a potential human carcinogen. It poses an inhalation hazard and may form carbon monoxide in the blood.

Consumers should immediately stop using the recalled product and dispose of it as per Municipal Hazardous Waste Guidelines. Consumers are asked to contact their municipality for instructions on disposing aerosol containers.

For more information, consumers may contact NATURADIF Inc. at (514) 271-7011,Monday to Friday from 9 AM to 5 PM EST.

The product also lacks the symbol and warnings required for potentially flammable and explosive products under Canadian law. This lack of labelling information could result in misuse of the product and lead to serious injury.

Health Canada has not received any reports of incidents or injuries related to the use of these hairsprays.

We will keep you updated with regard to future consumer product recalls.

March 23 US: SATA Spring Meeting US GHS Presentation

March 23rd, 2012

March 19. Can: Consumer Product Recall- Mighty Maid Scale and Mineral Remover/ Mighty Maid Orange Oil Cleaner

March 19th, 2012

From Health Canada:

This recall involves the following consumer chemical products sold under the brand name “Mighty Maid” by The Soap Stop.

Mighty Maid Scale and Mineral Remover is an acid-based, viscous liquid that that removes soap scum and scale buildup in sinks, toilets, showers and bathtubs. It is greenish-blue in colour, has a wintergreen fragrance, and is sold in 1L and 4L containers.

Mighty Maid Orange Oil Cleaner is a degreaser used in the removal of glue, tape and fabric stains. It is an orange translucent liquid, has a natural orange fragrance, and is sold in 500mL, 4L and 20L containers.

Health Canada’s auditing process has revealed that the Mighty Maid Scale/Mineral Remover does not meet the labelling and child-resistant closure requirements for consumer chemical products under Canadian law.

The same auditing process revealed that the Mighty Maid Orange Oil Cleaner poses an aspiration hazard and subsequently does not meet the labelling and child-resistant closure requirements for consumer chemical products.

Aspiration occurs when a chemical product is ingested and then is introduced into the lungs through coughing and/or vomiting. It can result in severe adverse health effects including: pulmonary injury, chemical pneumonia and death.

Neither The Soap Stop nor Health Canada has received any reports of incidents or illnesses related to the use of these products.

Consumers should immediately stop using the recalled products and return it to the place of purchase for a refund. Consumers who do not wish to return the product should dispose of it according to Municipal Hazardous Waste Guidelines.

For more information, consumers may contact The Soap Stop Customer Service at780-672-1780.

We will keep you updated regarding any future consumer product recalls.

March 8 US: EPA Identifies Group of Highly Toxic Chemicals for Risk Review

March 8th, 2012

From the Environmental Working Group:

The federal Environmental Protection Agency has announced a plan to conduct comprehensive safety reviews of 83 chemicals common in consumer goods and manufacturing and to give top priority to seven chemicals considered the most serious risks to human health and the environment.

“The list of chemicals EPA has targeted reads like a rogue’s gallery of carcinogens, neurotoxic substances and chemicals that could cause serious organ damage,” said Jane Houlihan, Senior Vice President for Research at the Environmental Working Group. “Congress hasn’t come up with a legislative fix to help shield the public from toxic substances. But the Obama EPA under Administrator Lisa Jackson continues to do what it’s supposed to do: protect people and the environment.”

We will keep you updated with any new developments from the EPA.

March 6 US: Public Comment of the National Association of State Fire Marshals To the U.S. Consumer Product Safety Commission Regarding the Advance Notice of Proposed Rulemaking Fire Pots and Gel Fuel

March 6th, 2012

From firemarshals.org:

The National Association of State Fire Marshals (NASFM), whose members are the senior state fire officials in the U.S. and the District of Columbia, is pleased to provide this comment on the U.S. Consumer Product Safety Commission (CPSC) Advance Notice of Proposed Rulemaking on Fire Pots and Gel Fuel (76 Fed. Reg. 80832, Dec. 27, 2011). NASFM’s primary mission, and that of individual State Fire Marshals, is to

protect life, property and the environment from fire and related hazards.
The CPSC staff should be commended for its timely and thorough analysis of incidents involving fire pots and gel fuel products. NASFM and its members provided information to the New York Times reporter whose inquiries and articles brought this issue to light in June 2011. In our July 2011 comment for the CPSC’s FY 2013 Agenda and Priorities Hearing, NASFM urged the CPSC to take swift action to ban fire pots and gel fuels,
saying, “At what point do the number of incidents reach a level or a severity that the CPSC will determine…that these two categories of products do not belong on the market?”
Having reviewed the CPSC’s Federal Register notice and staff briefing package on this issue, NASFM can only repeat – even more fervently and urgently than before – our call for a ban on fire pots and gel fuel, and their swift removal from the market. Every time these products are used together, they present the possibility of a confluence of deadly circumstances.  The CPSC was established “to protect the public from unreasonable risks of injury or death.” There would be no better demonstration of this purpose than to initiate a ban against these products and go the step further of taking action under Section 12 of the Consumer Product Safety Act to remove these products from commerce
immediately.
The CPSC staff’s own analysis has made the case that there is no satisfactory remedy for mitigating the deadly risk of using these products, short of a total ban. Trying to make these inherently unsafe products safer is a waste of time while consumers continue to be grievously injured and killed by incidents involving fire pots and napalm-like gel fuel. There is no way to label safe use of these products; relying on recalls means that the products must first enter the market and cause problems; and any effort to develop standards to attempt to address each of the hazard scenarios identified by the CPSC staff is not worth the cost in time, money and lives.
Burns are arguably the most painful injuries to endure, and the most expensive and longterm to treat, with everlasting physical and psychological scarring to survivors – many of whom, during their arduous, excruciating rehabilitation, say that they wish they had died
instead. Do not let one more person become an unwitting victim of this deadly combination of products.
The world does not need another decorative way to produce fire, especially when the result is potentially a not-so-rare concurrence of circumstances that can lead to horrific injury or death every time the products are used together. There are no redeeming qualities of these products that could outweigh the cost in human lives. Fire pots and gel fuels are inherently unsafe. They are imminent hazards. NASFM, like the
Commissioners, are sworn stewards of the public’s safety, and we do not see why there would be any choice but to ban these products by regulation, and to take expeditious action against them as imminent hazards under Section 12 of the CPSA.

We will keep you informed of any developments from the CPSC.

March 5 US: Open Season- EPA decision a good one for fishermen

March 5th, 2012

From southcoasttoday.com:

The American Sportfishing Association (ASA) commends last week’s decision by the Environmental Protection Agency (EPA) and EPA Administrator Lisa Jackson to reject a second sweeping petition to ban lead nationally in all fishing tackle. According to the ASA, the petition, which was submitted on Nov. 16, 2011, by the Center for Biological Diversity and two other groups, requested that the EPA study and ultimately ban lead in fishing tackle on all U.S. waters under the Toxic Substances Control Act (TSCA).

This most recent attempt to federally ban lead fishing tackle came on the heels of the EPA’s November 2010 decision to dismiss a similar petition submitted by the same groups. That decision is currently being challenged in court by the petitioners. Sweeping regulation of lead fishing tackle would have a significant, negative impact on recreational anglers and the sportfishing industry with minimal benefit to the environment, says the ASA.

In dismissing this most recent petition, the EPA stated that the petitioners did not provide a basis for finding that the risk presented is an unreasonable risk for which federal action is necessary. The EPA also cited state-specific actions and the increasing education and outreach activities being undertaken. The EPA’s decision falls in line with sound fish and wildlife management practices and several scientific studies which demonstrate that waterfowl populations are not negatively impacted by the use of lead fishing tackle.

“The sportfishing industry applauds the EPA’s dismissal of this most recent petition,” said ASA Vice President Gordon Robertson. “Sweeping regulations on lead fishing tackle would have a tremendous impact on the sportfishing industry and change the face, and cost, of recreational fishing for the angling public. Unjustified bans will only serve to harm the economy and reduce participation in traditional outdoor sports.”

We will keep you informed of any future developments.

March 1 US: Report examines what US can learn from EU chemicals law

March 1st, 2012

From physorg.com:

A new report from Indiana University supplies a close examination of the European Union’s reformed chemicals law REACH (Registration, Evaluation, Authorization and Restriction of Chemicals), which went into effect in 2006.
After reviewing data and interviewing key stakeholders, including manufacturers, importers and REACH experts, researchers from the IU School of Public and Environmental Affairs and the IU European Union Center have released “Regulating Industrial Chemicals: Lessons for U.S. Policy Makers From the European Union’s REACH Program.”
“As the U.S. Congress considers whether and how to modernize TSCA, much can be learned from the European experience with REACH,” said SPEA Dean John D. Graham, a co-author of the report. “Some aspects of REACH are innovative and promising, while others are overly burdensome and complicated.”
While the report examines all areas of REACH, the primary focus is on the program’s chemical registration process. REACH shifts the burden of proving safety from the government to industry. REACH’s key principle — “no data, no market” — compels manufacturers of substances, producers of articles and importers to supply regulators a minimum safety-related data set for a large number of existing chemicals.
“One of our most important conclusions is that there needs to be a clear and consistent definition of ‘safety’ throughout any new chemical regulatory program,” said the report’s lead author, Adam Abelkop, a doctoral student in SPEA.
Researchers have identified several aspects of the EU program that merit consideration by U.S. policymakers as well as areas that could be refined and modified to be more transparent, simplified and suitable for the U.S. context. Highlights of the report indicate that a REACH-like system in the United States should focus on opportunities to reduce risks to human health and the environment. In addition, new legislation should provide clarification about critical standards, processes and tools while lessening unnecessary burdens on industry by allowing for mutual, cross-Atlantic recognition of registration dossiers.
“This suggestion would ease obligations on companies that do business on both sides of the Atlantic and would lessen the work of the regulators,” said REACH consultant Agnes Botos, co-author of the report and a Central European University doctoral student. “That is why it would be worth doing a more detailed analysis about this topic.”
According to SPEA professor Lois Wise, co-author of the report and director of the European Union Center and West European Studies at IU, REACH offers an alternative approach to the process of chemical regulation and control providing a greater understanding of how regulatory processes work.
“Our interest is in the extent to which the European experience implementing this complicated and innovative piece of legislation can inform efforts to revise TSCA,” she said. “This study, examining the process of REACH implementation, provides useful insight for policymakers.”
The full report by the University of Indiana can be found here.

Feb. 29 US: OSHA GHS Adoption Moves Forward to Federal Register

February 29th, 2012

From prweb.com:

OSHA’s revised hazard communication standard passed the Office of Management and Budget (OMB) review. The updated standard incorporates the principles of the Globally Harmonized System (GHS) which aims to standardize the classification and labeling of chemicals and related hazard communication. Benefits of OSHA’s updated HCS include reduced time and costs involved in meeting multiple regulations for hazard communication, improved comprehension and understanding of health and environmental hazards, facilitation of trade by removing barriers created by various health and safety requirements, and reduction of duplicate material testing.

The OMB approved the standard through the final ruling stage as “consistent with change.” The consistent with change status signifies that the draft rule had been modified in the course of the review, but was determined to be consistent with the executive order and all applicable requirements. However, it is not yet known the extent of the changes, whether they are substantive or inconsequential. Now in the Final Rule stage, the last step is for the rule to be published officially in the Federal Register thus setting the effective date for the transition period. The timing of publication to the register is not known at this time.

We will keep you informed of future GHS developments.