Consumer Litigation, Consumer Products, Environmental Litigation, Environmental Permitting + Regulation, Product Liability, and Proposition 65 + Chemicals
California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer products. First, it adopted new regulations for its first priority product, children’s foam-padded sleeping products that contain the flame retardants TDCPP or TCEP, including:
Manufacturers who sell these products in California must notify the state’s Department of Toxic Substances Control (DTSC) by August 30, 2017, thereby enrolling in the complex process of product analysis and reporting that comprises the Green Chemistry regulations. This process is described in our prior client alert on our Green Chemistry web portal at www.mofo.com/green-chemistry.
In addition, the DTSC issued the first version of its Alternatives Analysis Guide (Guide 1.0). The alternatives analysis is at the heart of the Green Chemistry regulations and requires manufacturers to consider alternative formulations and other means to reduce or eliminate exposure to chemicals of concern in priority products, and to report that analysis to the state for a potential regulatory response. Guide 1.0 provides best practice approaches, methods, tools and information sources for conducting the analysis. It is not issued as a regulation and does not have the force of law. See “California Issues New Guidance for Alternatives Analysis for Safer Consumer Products,” December 21, 2016, which can be found at https://www.mofo.com/resources/publications/161221-california-guidance-safer-consumer-products.html.
A copy of Guide 1.0 and other related materials and additional useful information can also be found on our Green Chemistry web portal.
Lois Miyashiro, an environmental analyst in the firm’s San Francisco office, assisted in the preparation of this client alert.
 Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or tris(2-chloroethyl) phosphate (TCEP).
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