Greening of Consumer Products

August 6, 2008

Bill on toy safety sent to Bush
San Francisco Chronicle - Aug 1

The U.S. Senate passed legislation strengthening enforcement provisions of the nation's consumer products safety agency and banning lead and other harmful chemicals in children's toys. White House spokeswoman Dana Perino said President Bush is expected to sign the bill, which passed the Senate 89-3 and the House of Representatives 424-1. The measure bolsters the Consumer Product Safety Commission, an agency under fire for failing to safeguard children's health. In 2007, 45 million toys were recalled, many with dangerously high lead levels.  The bill doubles annual funding for the agency to $136 million by 2014, boosts fines on manufacturers making faulty products, protects whistle-blowers, requires audits by the inspector general and strengthens controls on toxic chemicals, including a plastic softener used in polyvinyl chloride.

Lawmakers agree to ban 3 Phthalates in children's items
NewsInferno.com - Jul 30

House and Senate lawmakers agreed to permanently ban three phthalates from children’s toys and outlaw three others pending an extensive study of their health effects in children and pregnant women. Phthalates, a ubiquitous group of chemicals that make plastics softer and more durable, are often found in children’s products, perfumes, lotions, and shampoos, to name a few. A 1999 Food and Drug Administration (FDA) study found traces of phthalates in all of its 1,000 subjects. The ban is scheduled to become effective in 6 months, and expected to create a huge challenge for the chemical industry and its ability to stem federal regulation and is likely to point to a shift in favor of safety-minded consumers. The move was stepped up following last year’s phthalate ban in children’s products by California; Washington state and Vermont soon followed.

Related Article:  "House Passes Ban on Phthalates and Lead in Toys" (The Daily Green)

President likely to sign legislation banning phthalates
Smart Brief - Aug 1

President George W. Bush is expected to sign legislation banning lead and other chemicals in children's toys and boosting enforcement provisions for the Consumer Product Safety Commission. The American Chemistry Council had opposed restrictions on phthalates in products intended for children younger than 12, noting that the chemicals have been studied rigorously and reviewed by multiple regulatory bodies. "There is no scientific basis for Congress to restrict phthalates from toys and children's products," the ACC said.

Related Articles:
"Senate Sends Sweeping Product-Safety Bill On to Bush" (Washington Post)

Bush administration seeking to block regulation of workplace toxins
Bay Area Indymedia - July 28

As the Bush administration enters its final six months in office, the US Department of Labor is attempting to push through rule changes aimed at making it more difficult to set new standards for exposure to toxic substances and hazardous chemicals in the workplace.  A July 7 posting on the White House Office of Management and Budget website reports plans to change the way risk assessments are made regarding occupational exposure to dangerous substances. In so doing, the government bypassed required procedures for public notices for regulatory changes. The proposed rules represent an attempt by the White House to enact regulatory changes demanded by big business, which have long complained that the government overstates the risk to workers posed by toxic substances.

Companies agree to cut cancer-causing chemicals in potato chips
Consumer Affairs - Aug 4

The state of California has settled lawsuits against Heinz, Frito-Lay, Kettle Foods and Lance Inc. after the companies agreed to slash levels of the cancer-causing chemical acrylamide in their potato chips and French fries. In 2005, the attorney general sued McDonald's, Wendy's, Burger King, KFC, Frito-Lay, Kettle Foods, Lance, Procter & Gamble and Heinz, for selling potato chips and French fries containing high levels of acrylamide, a chemical known to the state to cause cancer. Acrylamide is a by-product of frying, roasting and baking foods -- particularly potatoes -- that contain certain amino acids. In 2002, Swedish scientists discovered high levels of cancer-causing acrylamide in fried potato products.

Manufacturers say greater government support is needed before using recycled materials in packaging
Food Production Daily - July 24

Green aspiring beverage manufacturers say they need greater support from governments in turning to materials like recycled Polyethylene terephthalate (rPET) in their packaging, according to Food Production Daily. A spokesperson for the trade group told BeverageDaily.com that a drive for greener packaging is ensuring a rapid demand increase for recycled materials in their products, though supply currently remains limited for rPET.

Californians strongly oppose tax on plastic bags
American Chemistry - July 25

A majority (58%) of Californians recently polled oppose a proposed 25-cent tax on plastic grocery bags currently being considered by the California State Legislature. Opposition is even higher in the coastal counties of Los Angeles and San Diego, where more than 2 out of 3 oppose the tax. It is estimated that the proposed tax could cost the average family about $400 per year. Plastic grocery and retail bags are fully recyclable. Instead of enacting a new tax that hurts working families, policymakers should look to practical solutions like recycling, re-use campaigns, and educating Californians about litter prevention. By focusing on these proven solutions, California lawmakers can help to protect the environment for future generations without unnecessarily taxing families.

REACHing for less toxic alternatives
Boston Globe - July 28

Lead in lipstick, phthalates in toys, Bisphenol-a in baby bottles, flame retardants in breast milk, Teflon in people's bodies; These are consequences of the disjointed systems in the United States to regulate and manage hazards posed by toxic chemicals in everyday products. The European Union recently instituted a broad overhaul of its chemicals regulation. The REACH program will require that firms manufacturing or importing chemicals or chemical-containing products into Europe understand their health and environmental hazards and seek permission to continue using chemicals of "high concern." The US government, along with the chemical industry, fought vigorously against REACH. Some US companies and states are embracing REACH principles. Dell and Wal-Mart are initiating their own policies requiring suppliers to provide data on chemical safety and avoid certain chemicals. Maine and Washington have passed laws that would require companies to disclose dangerous chemicals in children's products and seek to substitute those of high concern. California is about to launch a major overhaul of chemicals regulation. And Michigan is encouraging research, education, and development of safer chemicals and products by adopting "green chemistry" approaches.

Web site dishes up dirt, exposes "green-washing"
Consumer Affairs - July 30

A new Web site, ResponsibleShopper.org, produced by a not-for-profit environmental organization called Co-op America, hopes to inform concerned consumers about problem corporate practices, action campaigns and ways to live greener in more than 150 major consumer companies. It ranks companies in 27 industry categories from best to worst based on research focusing on such key issues as human rights, social justice, environmental sustainability and more.

Related Article: "Greenwashing: Marketing That's Not So Green" (digtriad.com)

Safety agency finds no risk in synthetic turf
Consumer Affairs - July 30

A staff report from the U.S. Consumer Product Safety Commission (CPSC) finds that young children are not at risk from exposure to lead in synthetic turf. The evaluation showed that newer fields had no lead or generally had the lowest lead levels. Although small amounts of lead were detected on the surface of some older fields, none of these tested fields released amounts of lead that would be harmful to children, the CPSC report said. Lead is present in the pigments of some synthetic turf products to give the turf its various colors, just as it is used to brighten the paint on many toys and countless other commercial products.


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About Allen Matkins

Allen Matkins Leck Gamble Mallory & Natsis LLP, founded in 1977, is a California law firm with over 230 attorneys practicing out of seven offices in California. The firm's broad based areas of focus include construction, corporate, real estate, project finance, business litigation, taxation, land use, environmental, bankruptcy and creditors' rights, and employment and labor law. More...

 


 

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