TSCA Unlikely Stop California Regs

“The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses,” By Morrison & Foerster LLP.
Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments―recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that regulate the chemicals used in consumer products (see prior client alert). For businesses that wish to avail themselves of California’s vast and lucrative marketplace, however, the TSCA Amendments may provide little aid in alleviating their headaches. As discussed below, while the Amendments include a number of federal preemption provisions, those are riddled with holes that may allow California’s activist requirements and plaintiff’s lawyers to proceed largely unimpeded. Read more.