Safe Chemicals Act: Stuck in Committee, But Still Possibility in 2012

As the Safe Chemicals Act languishes in committee, chances are slim it will come up for a vote in 2011 – but do not count it out just yet for 2012. 

“Even though the collective wisdom says election years are not a time when bold legislation is popular, the bill’s backer, Sen. Frank Lautenberg (D-N.J.) is vowing to press on,” says Tony Hopp, a litigator with Edwards Wildman Palmer LLP (Chicago) who co-chair's the firm's Product's Liability Practice Group.  “Public sentiment for more information on the potential risks of consumer products continues to grow. Some states have even taken the drastic step of banning specific products, such as BPA, so the regulatory landscape is becoming fractured, and most of the major stakeholders now agree that a regulatory update is needed. This is the type of issue that might just gain traction on a national level as the 2012 election approaches. Companies might want to get used to the idea now and start preparing.” 

Hopp says while it’s difficult to prepare for the exact specifics of a bill that is not yet law, there are several current models companies can use. 

“Even though it’s turned into a bit of a bureaucratic mess,  Europe’s REACH legislation would be one model to look at , as is the current Canadian regulatory structure.” says Hopp. “It’s possible that any American legislation would borrow from these existing systems, at least in part.” 

Hopp says one way to prepare is to ensure compliance with current regulations and industry best practices. 

“Companies should already be prepared to talk about the safety of their products and address specific  risks and benefits,” says Hopp. “This is information they should be already collecting in case a product is ever  challenged in court or elsewhere. Even without a new law, this is important data to have and understand.” 

Hopp is available to discuss the Safe Chemicals Act, its potential impact, and what companies should be doing now as it progresses through Congress. [12/18/2011]