By AnnMarie Sanford and William J. Walsh
On March 13, 2014, the California Department of Toxic Substances Control (DTSC) issued its Initial Proposed Priority Products list under the Safer Consumer Products (SCP) Program. The products are: paint and varnish strippers, and surface cleaners containing methylene chloride; spray polyurethane foam systems containing unreacted diisocyanates; and children’s foam-padded sleeping products containing TDCPP. These priority products will not be final until they are adopted into regulation following a 45-day public notice and comment period. Under the SCP Program, DTSC has up to one year from the public notice date to finalize the priority products list. The ultimate goal of the Safer Consumer Products Program is to reduce the risks to consumers from the chemicals of concern designated for each priority product.
Companies should determine whether any of their products, or a component in any of their products, are included in this list and, if appropriate, consider filing comments with DTSC. Retailers and others in the supply chain of these products may want to examine what, if any, impact this process may have on their ability to market these products, and whether modifications to contracts with other entities in the product supply chain are warranted.
Pepper attorneys have commented on the SCP regulations throughout their development and can assist companies in responding to the publication of the Proposed Initial Priority Product list. We will continue to monitor developments and will publish a Client Alert soon, with more details and recommendations.
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