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California Refines Consumer Products Regs, Exempting Trace Contaminants

This article was originally published in The Rose Sheet

Executive Summary

California’s Department of Toxic Substances Control has released the next draft of its Safer Consumer Products Regulations, taking into consideration comments from stakeholders.

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Personal Care Not Likely First Target Of California Consumer Product Regs

A new draft of California’s Safer Consumer Product Regulations could change how the state’s Department of Toxic Substances Control selects priority products for potential reformulation. DTSC may now select products for review only if they contain chemicals of concern that meet new criteria, which may exclude many substances found in personal-care products, according to PCPC’s Tom Myers.

Industry Pushes For OTC Exemption In California’s Green Regs

The Personal Care Products Council and the Consumer Healthcare Products Association call for the California Department of Toxic Substances Control to specifically exclude OTC drugs from its Safer Consumer Products regulation, part of the state’s Green Chemistry Initiative. Including OTC drugs in the regulation would duplicate oversight and “run counter to the mandates of [FDA],” the groups argue.

California Green Chemistry Reg Prompts Compliance Burden/Cost Estimates

Firms that will need to conduct analyses to find alternatives to potentially hazardous ingredients in consumer products under California’s Safer Consumer Products Regulation will likely have a challenging, expensive journey. Attorneys from Alston + Bird LLC estimate the price tag could range from $500,000 to $6,000,000 to conduct an analysis.

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