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President Signs Legislation Modernizing Federal Chemical Regulation Law

Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers.

By James Votaw, Partner, Environment

Why it matters

After a decade of negotiation, Congress has overwhelmingly approved legislation that, for the first time in 40 years, would modernize the federal Toxic Substances Control Act (TSCA)—the nation’s premier chemical control law. The TSCA amendments have deep, bipartisan support among industry, and environmental and consumer protection groups. It was signed by the President June 22.

In the past, TSCA has been primarily a concern only for manufacturers and importers of new chemicals. The new TSCA amendments, however, have the potential to disrupt existing chemical supply chains and to taint the reputation of well-accepted consumer goods made with any of the 65,000 chemicals in commerce that have never previously been reviewed for safety by EPA. These aspects make TSCA reform a potential concern for companies throughout the value chain, including consumer product manufacturers and retailers. It may not be possible to prevent all these disruptions, but there are proactive measures to take to minimize risks from the amendments and, for some companies, opportunities to develop competitive advantage. Read more