SAN FRANCISCO (August 12, 2013) – Morrison & Foerster has created a comprehensive online resource page on mofo.com featuring information and analysis on California’s Green Chemistry Initiative, a bold new environmental law designed to identify and restrict toxic chemicals in consumer products sold in the state. The online page is a one-stop link to news coverage, federal and state government resources, and analysis of the Green Chemistry Initiative’s potential impact on businesses.
“Planning for the Green Chemistry Initiative is essential. As California is the largest consumer product market in the nation, the law’s reach is broad, affecting the global supply chains of manufacturers, suppliers and retailers,” said Los Angeles partner Peter Hsiao head of the firm’s Green Products and Chemicals team. “The structure and regulatory requirements are innovative, untested and potentially expensive in terms of compliance and responding to enforcement. The law also poses problems for protecting proprietary information and trade secrets.”
The Green Chemistry Initiative requires a new life-cycle “alternatives analysis” to evaluate alternatives and substitutes for hazardous substances in consumer products based not only upon their risk during product use, but also during their manufacture and after disposal. The state may then condition, restrict or ban the use of those chemicals in the products of concern. The law is governed by California’s Assembly Bill 1879, Senate Bill 509 and the new Safer Consumer Product Regulations, which are in the process of being finalized and adopted by the California Department of Toxic Substances Control.
Morrison & Foerster lawyers have worked on product stewardship and chemical use issues since the 1980s, and followed the scientific debate on the Green Chemistry Initiative throughout its history. The firm is well positioned to counsel clients on Green Chemistry Initiative compliance, how California’s rules dovetail with the federal Toxic Substances Control Act and the proposed Chemical Safety Improvement Act, obtaining modifications under the regulations, enforcement response and trade secret protections under the reporting requirements.