EDF Health

Getting chemical safety back on track 5 years after TSCA reform

Five years ago, President Obama signed into law the Lautenberg Chemical Safety for the 21st Century Act, which overhauled the country’s chemical safety law to better protect people from toxic chemicals.

In a welcome change to the dismal Toxic Substances Control Act (TSCA) reform anniversaries during the Trump administration, this year we are able to highlight some signs of progress we have seen from the Biden EPA that are getting chemical safety back on track.

Though significant challenges remain and lots of work lies ahead to repair the damage done by the former administration and advance a broader vision of health protection for everyone, here are five ways the Biden administration has started to turn things around on chemical safety:

1. Naming leaders committed to scientific integrity and public health protection

With Michael Regan at the helm of EPA, the agency is already miles ahead of where it stood in the last administration. The critical position for overseeing TSCA implementation at EPA is the leader of the Office of Chemical Safety and Pollution Prevention. Fortunately, a chemist with deep experience on TSCA and other chemical issues from her time on Capitol Hill, Dr. Michal Freedhoff, has been confirmed for the role.

Both Regan and Freedhoff have made strong statements supporting a return to scientific integrity and transparency – which are critical needs to building back trust. Dr. Freedhoff specifically cited how the Trump White House forced EPA scientists to weaken their assessment of the dangerous chemical trichloroethylene, an egregious example of political interference in science-based decision-making.

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FDA’s short-sighted approach to building trust in the safety of cell-cultured meat and seafood products

Tom Neltner, J.D.is Chemicals Policy Director

Consumer trust that products are safe to eat is essential to acceptance of any innovative food product.

One of the most innovative food products expected to enter U.S. markets in coming years is cell-cultured meat and seafood. Producing these products by culturing cells in tanks and forming them into foods that look and taste like their conventionally produced counterparts is a technological achievement. Proponents enthusiastically tout these products as climate-friendly alternatives that provide real hope to meet the world’s growing demand for animal protein in a sustainable way that also minimizes animal welfare concerns.

Consumer trust that products are safe to eat is essential to acceptance of any innovative food product. That trust is built through a rigorous, transparent, and independent scientific review to ensure safety. Without that, questions linger that undermine widespread consumer adoption.

Unfortunately, we have serious concerns that the process the Food and Drug Administration (FDA) may be planning to use to review the safety of cell-cultured meat and seafood is inadequate and will undermine consumer trust. From our perspective, the manufacturing process for cell-cultured meat and seafood is a significant departure from current practice and warrants careful scrutiny. FDA guidance is clear that, for these types of changes, the appropriate review options are a food additive petitions or the voluntary Generally Recognized as Safe (GRAS) notification process. We strongly recommend FDA rely on these existing options existing options rather than create a new approach.

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Momentum is building to fund lead pipe replacement across the country: New video

Joanna Slaney, Legislative Director and Sam Lovell, Communications Manager. 

As Congress pursues infrastructure legislation, it’s clear that replacing lead pipes is a priority issue. This is welcome news for our health, the country’s infrastructure, and the economy. We are glad to see the attention on this issue from Congress and from the Administration with the inclusion of funding to fully replace lead pipes in the President’s American Jobs Plan.

And it’s no wonder there is growing interest in this initiative, the latest polling from the Navigator shows support for funding lead pipe replacement at 83% nationally – including 73% of Republicans, 80% of Independents, and 91% of Democrats. This echoes earlier polls which have found similar overwhelming bipartisan support

As EDF has written before, a $45 billion investment in lead pipe replacement over ten years would:

  • Protect public health by enabling water systems around the country to quickly begin eliminating the LSLs to protect residents.
  • More than pay for itself. Fully replacing lead service lines across the country would yield more than $205 billion in societal benefits over 35 years — a 450% return on the investment – due to prevented heart disease deaths from adult lead exposure.
  • Permanently upgrade infrastructure by facilitating critical upgrades to water distribution systems in a way that protects residents from increased lead in their drinking water when the LSL is disturbed.
  • Reduce disparities by enabling utilities to fully replace LSLs, thereby resolving equity concerns that utilities currently face in replacing the lead pipe on private property.
  • Create jobs for the plumbers and contractors who will perform the LSL replacements. This is shovel-ready work that involves construction and plumbing crews conducting the replacement.

With bills in both the House and the Senate focusing on funding lead pipe replacement, it’s important we keep pushing to ensure the federal government follows through on getting the lead out of our drinking water. 

See EDF’s new video that explains why lead service line replacement is important, and why it’s a no-brainer for the federal government to invest in.

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The fight to end lead poisoning in Rhode Island: A conversation with Laura Brion

The most common causes of lead poisoning in children in the US are lead-based paint and contaminated dust, which are mainly found in older housing. When present, lead pipes also present the single largest source of lead exposure through water. In Rhode Island, an estimated 80% of the housing was built before 1978, meaning it’s more likely to have lead-based paint hazards and lead pipes and put families, especially children, living in the homes at risk.

The Childhood Lead Action Project was founded in 1992 to take on this challenge, with the mission of eliminating childhood lead poisoning in Rhode Island through education, parent support, and advocacy. The organization does it all: workshops and educational outreach for a wide range of audiences, municipal and state-level advocacy to push proactive policies, grassroots campaigning, and more.

I sat down with Laura Brion, who started as a community organizer with the Childhood Lead Action Project and is now the Executive Director, to learn about her journey into the lead poisoning prevention world and what she sees ahead for her organization’s and community’s fight.   

This interview has been edited for clarity and brevity. 

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A consequential day in the effort to prevent lead poisoning

Tom Neltner, J.D.is Chemicals Policy Director

Lead poisoning prevention advocates should mark May 14, 2021 as a consequential day in our collective efforts to protect public health. Last week, two decisions and a preliminary report were issued that lay a solid foundation for further progress. When translated into action, the decisions and report should result in significantly reduced lead exposure for children. These developments were:

  • A court ruling on lead-based paint hazard standards: The U.S. Court of Appeals for the Ninth Circuit directed the Environmental Protection Agency (EPA) to reconsider – and most likely tighten – the agency’s 2019 revisions to its lead-based paint (LBP) hazard standard that define the levels of lead in paint, dust, and soil that are dangerous. The current standards remain in place until EPA revises them to comply with the law and the court’s order. This decision has significant implications for home renovations, real estate disclosures, lead cleanups, and homeowner testing. This welcome step toward stronger protections for children was only possible thanks to Earthjustice and the petitioners that challenged EPA’s flawed rule.
  • Lowered federal elevated blood lead level: The Centers for Disease Control and Prevention’s (CDC) Lead Exposure and Prevention Advisory Committee (LEPAC) unanimously recommended that the agency lower its blood lead reference level (aka “elevated blood lead level” or EBLL) from 5 micrograms per deciliter (µg/dL) of lead in young children’s blood to 3.5 µg/dL. CDC appears ready to act on the recommendation. When it does, the decision will have significant implications for state and local health and housing agencies reacting to blood lead testing results for at-risk children and for action levels for lead in food.
  • New national survey of lead-based paint hazards: The U.S. Department of Housing and Urban Development (HUD) presented to LEPAC the preliminary results of its American Healthy Homes Survey II (AHHS-II), a long-overdue update to its 2006 survey. This survey of lead-based paint hazards serves as the basis for federal agencies to set priorities, assess impacts of policy decisions, and track progress. The results of samples taken in 2018-19 shows modest but significant progress across many demographics including African American households, government-supported households, and households in poverty – most likely an indication that the federal investment to fix low-income housing is paying off.

These actions put added urgency to President Biden’s America Jobs Plan that includes $45 billion in federal funding to fully replace the nation’s 9 million lead service lines and $213 billion for housing – both critical aspects of our nation’s infrastructure that need a lead poisoning prevention-oriented upgrade. We encourage Congress to provide at least $19 billion as part of an investment in housing to reduce lead-based paint hazards in pre-1940 housing, especially by replacing old, single-pane windows to get the combined benefits of safer and more energy efficient homes.

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The Chemical Industry Hid Evidence of Harm from PFAS: 3 Takeaways

Tom Neltner, J.D., Chemicals Policy Director and Maricel Maffini, Ph.D., Consultant

Yesterday, The Guardian published a powerful story by reporter Tom Perkins detailing how chemical manufacturers hid evidence of dangerous health impacts from certain types of PFAS and the Food and Drug Administration (FDA) did not take sufficient and swift action to protect the public.

The story is largely based on data revealed in the FDA’s response to a Freedom of Information Act request by EDF and Environmental Working Group. The analysis showed that two major PFAS manufacturers, Daikin and DuPont, withheld safety information from the agency both by 1) not submitting it when the agency was considering whether the chemical should be on the market, and 2) not alerting the FDA when later analysis revealed a problem.

The companies’ failures are disturbing. What FDA did (or, more precisely, failed to do) after finding out is also disconcerting. While the agency’s scientists have taken strides to more fully understand the harm posed by PFAS, management has failed to adequately translate the science into timely action to protect people from toxic chemicals like these in their food.

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