EDF Health

EPA Closes Loophole in California Rules for Formaldehyde in Wood Products

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: August 16, 2016

Tom Neltner, J.D., is Chemicals Policy Director

On July 27, the Environmental Protection Agency (EPA) signed a long-overdue final rule to protect people from formaldehyde off-gassing from composite wood products such as hardwood plywood, medium-density fiberboard, and particleboard. UPDATE: EPA published the final rule on December 12, 2016.

These products are commonly used to make furniture, cabinets, and flooring. Title VI of the Toxic Substances Control Act (TSCA) directed EPA to issue the rule and base it on the 2007 standards set by the California Air Resources Board (CARB) with a significant exception; EPA closed a loophole in CARB’s standards by extending them to cover laminated hardwood products.  Such laminated products were the focus of the Lumber Liquidators controversy in 2014.

EPA effectively threaded a needle between the legitimate interests of small furniture and cabinet manufacturers and the need to protect people from the risks posed by formaldehyde. The final rule includes changes from the proposed rule to address concerns that compliance would have been difficult for small businesses that glue a thin layer of wood veneer (a process called lamination) to composite boards that themselves comply with the rule.

EPA concluded it needed to close CARB’s loophole when studies showed that laminating operations (which CARB had exempted) release formaldehyde in excess of the CARB emission standards. EPA’s rule gives laminators using most formaldehyde adhesives seven years to get into compliance. Read More »

Posted in General interest / Comments are closed

Lost opportunity for safer food additives

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: August 12, 2016

[pullquote]In DC, “Take Out the Trash Day” refers to federal agencies releasing unpopular decisions on Friday when the media and public are not watching.  It is especially common around the holidays or in August when many people, especially those in Congress are on vacation.  On Friday, August 12, FDA took out the trash by issuing a final rule regarding chemicals added to food more than two weeks before a court ordered deadline[/pullquote]

Tom Neltner, J.D., is Chemicals Policy Director

On August 12, the Food and Drug Administration (FDA) issued a final rule defining how companies should voluntarily notify the agency when they conclude that a chemical added to or used to make food is “Generally Recognized as Safe” (GRAS).

The decision is a lost opportunity to close a widely-abused loophole that allows chemicals to be approved for use in food with no notification to or review by FDA. The rule allows the industry to continue making secret decisions about what we eat without the agency’s – or the public’s – knowledge.  The agency has the legal authority to significantly narrow the GRAS loophole to prevent companies from deliberately avoiding FDA’s safety review process.

Just two years ago, the senior FDA official overseeing food safety acknowledged that the agency “cannot vouch for the safety of many of these chemicals” as a result of the GRAS loophole. Read More »

Posted in FDA, Food, Health policy, Regulation / Tagged , , , | Authors: / Comments are closed

EPA tells Rep. Israel a Household Action Level for lead in drinking water will come “later this year”

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: June 6, 2016

Tom Neltner, J.D., is Chemicals Policy Director

In early 2015, the Environmental Protection Agency (EPA) first committed to developing a level that would provide context for those trying to assess an infants’ risk from lead in their drinking water.

An infant’s developing brain is extremely vulnerable to lead. Many parents rely on formula made from drinking water to feed their children. So if that water contains lead, the child is likely to be harmed.

A “Household Action Level” would help parents and public health officials know when lead in the drinking water reaches a level likely to produce an “elevated blood lead level” in an infant who is fed formula. This information can help parents and communities make informed choices about how to protect their children.

So we were pleased to see Rep. Steve Israel’s (D-NY) tweet about EPA’s response to his questions regarding the Household Action Level. As a member of the House subcommittee that funds the nation’s water programs, Israel asked the agency to provide an update on the agency’s efforts to release a Household Action Level for committee record.

Read More »

Posted in Drinking water, Lead, Regulation / Tagged , , , , | Authors: / Comments are closed

FDA accepting public comments on the safety of ortho-phthalates

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: May 19, 2016

Tom Neltner, J.D., is Chemicals Policy Director.

Today, the Food and Drug Administration (FDA) announced it was accepting public comment on a food additive petition asking the agency to reconsider the safety of 30 toxic chemicals known as ortho-phthalates, which are used as additives in food packaging and handling materials.

The announcement, to be published in tomorrow’s Federal Register, comes shortly after a new study by Dr. Ami Zota published in the journal Environmental Health Perspectives found that individuals who consume large amounts of fast food have higher levels of exposure to two of the most commonly-used phthalates—diethylhexyl phthalate (DEHP) and diisononyl phthtlate (DiNP). Because the study was about fast food, final food packaging is less likely to be a major source than food handling equipment, including gloves. Read More »

Posted in FDA, Food, Health policy, Regulation / Tagged , , , , , , , , , , , | Authors: / Comments are closed

Senator Markey asks: What if people could buy food they know is free of secret ingredients?

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 30, 2016

[pullquote]Senator Markey (D-MA) asked FDA if it can require a label to tell consumers when the food they are eating contains chemicals it has not reviewed for safety. In his April 26 letter, he asked the agency to respond by May 17.

[/pullquote]Tom Neltner, J.D., is Chemicals Policy Director.

In May 2015, 36% of consumers said that chemicals in food was their most important food safety issue and 23% of consumer said they changed their purchase habits out of concern with chemicals in their food. Leading food manufacturers responded by reformulating their products to remove artificial flavors and colors.

What if these same consumers knew that chemicals added to their food had not been reviewed for safety by the Food and Drug Administration (FDA)? As the Natural Resources Defense Council made clear two years ago, 56 food additive makers chose to avoid FDA’s scrutiny by taking advantage of a loophole in the law for “Generally Recognized as Safe” (GRAS) substances. They purposely chose not to be transparent by keeping secret the safety evaluation conducted by their employees or consultants. These companies appear to make only a few of the estimated 1000 chemicals that FDA has not checked for safety or is aware they exist.

In February, we learned that 51% of consumers think that safety means not only that a product is free of harmful ingredients but that its labeling is clear and accurate. Forty-seven percent want clear information on ingredients and sourcing. With this in mind, it’s fair to assume that consumers also expect that all food chemicals are safe and known to the FDA. Many consumers would likely not buy products where the labeling failed to disclose that the food they serve their families contained ingredients the FDA has admitted it “cannot vouch for their safety”.

On April 26, Senator Edward Markey (D-MA) put the issue front and center when he asked FDA whether it has “sufficient authority to require a special label on any foods or beverages containing ingredients that have been self-determined to be GRAS without an FDA review?” If FDA had sufficient authority, then “what would the label look like?” Read More »

Posted in FDA, Food, Markets and Retail, Regulation / Tagged , , , , | Authors: / Comments are closed

Unfulfilled: EPA’s 2009 commitment to fix lead-based paint hazard standard

By Tom Neltner, Senior Director, Safer Chemicals Initiative / Published: April 28, 2016

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In 2009, EPA committed to fix its rule identifying dangerous levels of lead. The evidence since then has only gotten more compelling. EPA needs to fulfill its commitment and revise the rule consistent with the recommendations of its own Science Advisory Board.

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Tom Neltner, J.D., is Chemicals Policy Director.

In 2005, then-Senator Barack Obama, supported by then-Senator Hillary Clinton, forced the Bush administration to issue a long-overdue rule to ensure contractors used lead-safe work practices when conducting renovations, repairs, and painting work at homes and child-occupied facilities. So when Senator Obama became President Obama, there was tremendous promise for advances in lead poisoning prevention.

By the second half of 2009, it appeared that promise was turning into reality. Under President Obama’s leadership, the Environmental Protection Agency (EPA) made lead poisoning prevention a priority and undertook a series of important commitments to protect children. Despite that initial success, many of those prevention efforts were foundering by late 2010. Read More »

Posted in Emerging testing methods, General interest, Health policy, Health science, Lead, Regulation / Tagged , , , , , , , , , , , , , | Comments are closed