Through its “Green Chemistry Initiative” the California Department of Toxic Substances Control (DTSC) plans to establish a new framework for chemicals management, similar to the European chemicals regulation in REACH. The initiative would ban many chemicals and mandate the use of “safer alternatives” which would require manufacturers to disclose the substances used in their products based on risk scenarios. The DTSC has requested public input regarding implementation of California’s Green Chemistry Initiative by April 23, 2008.

Maine passed legislation to track, and potentially ban, harmful chemicals used in household products. The bill requires the Department of Environmental Protection to keep a list of chemicals it identifies as harmful. Manufacturers of products sold in Maine would have to disclose if their products contain those chemicals and could be required to replace the chemicals that pose a threat to children if safer, cost-effective alternatives exist.

The California Assembly bill that proposed a 25 cent "plastic carryout bag impact fee" on each single-use plastic shopping bag (AB 2829) died in committee. A weaker bill (AB 2058) which relies heavily on voluntary bag reduction measures did make it through. Although AB 2058 is weaker, it does allow for a per-bag fee if voluntary targets are not met. If a store fails to decrease plastic bag use by 70% by July 1, 2012, a 15 cents per bag fee would kick in. 

Canada is poised to become the first country in the world to list bisphenol A as a toxic substance and ban the use of polycarbonate plastic baby bottles made of the controversial material. Canada's decision is also likely to have repercussions on countries that have approved the use of BPA. The industry association representing BPA manufacturers issued a statement saying the ban is “not supported by science and are inconsistent with Health Canada's assessment” that found infants are not exposed to bisphenol A at harmful levels. Related News:

Canadian stores race to purge bisphenol A products

With consumer interest in green products on the rise, the furniture industry has begun producing furniture containing soy foam. Several companies who manufacture products containing soy compare the performance and quality as being similar to petroleum-based foams, however, despite technical advances, soy foam is still more expensive to produce than regular foam, and represents a “slight premium” over petroleum-based foam.

A recent ‘Green Gap’ survey by the Boston College Center for Corporate Citizenship found many U.S. residents misunderstand environmental phrases and support enhanced government regulation of green claims. An FTC hearing is set to take place, which will focus on green packaging terms like “recyclable”, “biodegradable”, “sustainable” and “renewable”, as well as consumers' understanding of such terms and trends in packaging.

Texas-based Natures Fresh Eco Packaging recently introduced its line of fiber-based trays, bowls and dishes to the U.S. market. The product consists of bamboo, grass and starch fibers without chemical additives. The company joins a growing number of options for companies that want to pack fruits and vegetables in “green” clamshells, trays and other formats. The product has been available in Europe and Asia for about five years.

2008 continues to be a busy year for private plaintiffs with recent notices for alleged failure to provide warnings for exposure to lead in decorated glassware, appliances with brass fittings, vinyl products, and jewelry as well as exposure to phthalates in children's toys and other vinyl products.

OEHHA has made available comments that it received on its Regulatory Update Project to consider developing warnings for exposures to listed chemicals in foods http://www.oehha.ca.gov/prop65/law/pdf_zip/foodexpcomms040108.pdf

Toxics in Packaging
DTSC has been contacting businesses that use or distribute packaging to alert them on compliance with California's Toxics in Packaging law ("TIP") which went into effect on January 1, 2006.  TIP limits cadmium, lead, mercury, and hexavalent chromium in product packaging.  TIP is far-reaching, and include ANY packaging or packaging component sold in California. Examples of some, but not all, packaging covered by this law are

- Ink on plastic bags used by retailers
- Wrap for food products sold in retail channels
- Plastic clamshells that hold a product
- Cardboard used to protect laptop computers
- Steel strapping used to secure shipping containers
- Recycled materials used to make new packaging