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ARTICLE · 10 FEBRUARY 2026

EPA Draft Risk Calculation Of Formaldehyde Marks Potential Shift In Regulatory Priorities

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Companies using formaldehyde in their manufacturing processes, and those that sell products incorporating formaldehyde-containing components from upstream suppliers, should be aware of a potential shift in the evolving regulatory landscape of formaldehyde...

United StatesEnvironment
Molly Grace Baldock
Molly Grace Baldock
Vincenzo R. Chimera
Vincenzo R. Chimera
Eliza R. Hens-Greco
Eliza R. Hens-Greco

Companies using formaldehyde in their manufacturing processes, and those that sell products incorporating formaldehyde-containing components from upstream suppliers, should be aware of a potential shift in the evolving regulatory landscape of formaldehyde, including a potential divergence between the federal- and state-level regulators. Against this backdrop are additional and emerging litigation risks, with disputed science on formaldehyde hazards being tested in courtrooms with mixed results for the plaintiff and defense bar.

As to the regulatory developments, the Environmental Protection Agency (EPA) periodically reviews chemicals such as formaldehyde under the Toxic Substances Control Act (TSCA) to determine appropriate risk management strategies. On 3 December 2025, the EPA released for public comment an Updated Draft Risk Calculation Memorandum for Formaldehyde (Draft Risk Calculation), conducted under TSCA. The period for public comment closed on 2 February

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