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July 20, 2020 Volume X, Number 202

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Proposed Update to Toxics in Packaging Legislation ARTICLE BY TRENDING LEGAL ANALYSIS Includes PFAS and Phthalates Packaging Law at Keller and Heckman OAIC and UK ICO Announce Joint Thursday, July 16, 2020 Investigation into Clearview AI Keller and Heckman LLP By K&L Gates Toxics in Packaging Clearinghouse (TPCH) has issued a draft update to Packaging Law Blog at Keller and Heckman its Toxics in Packaging Model Legislation that includes the addition of ARB Rules That Complaints about Theoretical per- and polyfluoroalkyl substances (PFAS) and phthalates as regulated Violations are not Protected Whistleblowing chemicals. The draft update also proposes new processes for identifying Activity under Dodd-Frank By Proskauer Rose LLP additional chemicals of high concern in packaging. TPCH is seeking

comments from the public regarding the draft update until August 24, Jiangsu Punishes Chinese Agency for 2020, as detailed below. Consumer Protection Patent Subject Matter Conflict By Schwegman, Lundberg & Woessner, P.A. By way of background, TPCH was created to promote the Toxics in Corporate & Business Organizations Packaging Model Legislation developed by the Coalition of Northeastern Litigation / Trial Practice Brussels Air Transport Brief: June 2020 Governors (CONEG) and to support states in their implementation of All States By K&L Gates toxics in packaging laws. Nineteen states have laws based on, or similar PRINTER-FRIENDLY Regulatory investigations: High Court confirms to, the CONEG model. In general, these laws: (1) prohibit the intentional EMAIL THIS ARTICLE auditors should decide whether client addition of cadmium, lead, mercury, and hexavalent chromium in documents are privileged DOWNLOAD PDF packaging and packaging components; and (2) limit the sum of By Squire Patton Boggs (US) LLP REPRINTS & PERMISSIONS incidental concentration of the four metals to 100 parts per million (ppm) New Jersey Supreme Court Confirms by weight. Enforceability of Employment Arbitration Agreements With Class Action Waivers Members of TPCH began discussing the potential need to expand the list Tweet Like 2 Exempted Under FAA of substances, and to establish criteria and a process to identify new By Ogletree, Deakins, Nash, Smoak & Stewart, P.C. substances, that may be subject to state toxics in packaging laws in 2016-2017. Only a couple of states have enacted or introduced legislation to prohibit the use of PFAS chemicals in food contact packaging thus far. (See the PackagingLaw.com article, Attack on PFAS Extends to Food Packaging, for examples.)

The TPCH model legislation revisions include limiting the concentration of phthalates incidentally present in any package or packaging component to 100 ppm or less and banning the intentional addition of PFAS to packages or packaging components in any amount. The legislation also prohibits the use of replacement chemicals “in a quantity or manner that creates a hazard as great or greater than the hazard created by the chemical regulated by this Act.”

Going forward, criteria for identifying additional chemicals of high concern will include credible scientific evidence of:

Developmental or health effects;

Persistent, bioaccumulative, and toxic (PBT) or very persistent and very bioaccumulative (vPvB); or

Detection in human fluids or tissues through biomonitoring.

Comments on the draft update are due by 11:00 PM (Eastern Standard Time) on August 24, 2020, and can be sent via e-mail to [email protected].

© 2020 Keller and Heckman LLP

National , Volume X, Number 198

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ABOUT THIS AUTHOR Packaging Law at Keller and Heckman PackagingLaw.com is the premier online resource for the global packaging industry. It provides a wide range of information on laws and regulations—both in the U.S. and other countries throughout the world —that affect packages and packaging materials. PackagingLaw.com features news articles on current issues affecting the packaging industry, in- depth features, an Ask an Attorney section, links to packaging industry and government websites, and detailed information on the U.S. Food and Drug Administration (FDA) Food Contact Notification system. ... [email protected] 202-434-4100 www.khlaw.com packaginglaw.com

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