Keeping Up With Nanotechnology in the United States
This post was written by David Wagner.
Over the past few months, nanotechnology has been in the news. Four items are worth noting:
- In February, the U.S. Environmental Protection Agency fined a California technology company for failing to register nanomaterial under the Federal Insecticide, Fungicide and Rodenticide Act. The $208,000 fine was based on the company's failure to register its products as pesticides and for allegedly making unverified claims relating to the antimicrobial capabilities of the nano-silver coatings used in its computers keyboards and mouse accessories.
- In May, a scientific report in the journal Nature Nanotechnology discussed a possible link between carbon nanotubes and the development of precursors of mesothelioma.
- Shortly thereafter, NGO groups petitioned USEPA, calling for the review and control of some 260 nano-silver products. See Posting "Citizen Petition for Regulation of Nano-Silver (June 16, 2008).
- Then in June, the European Commission issued guidance in addressing nanomaterials under REACH, its new chemicals regime. The guidance indicated that for the nanoscale form of a substance on the market in bulk, the European Commission may require additional information on the specific properties or additional risk management measures. While there is still significant uncertainty about the regulation of nanomaterials, companies working with nanomaterials should closely track what scientists say, what NGOs threaten, and what regulators do both here and abroad. There is increasing scrutiny of chemical substances throughout the world, and understanding recent developments and the related legal requirements will likely mitigate liability exposure and the business risk associated with nanomaterials.
