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ARTICLE · 06 NOVEMBER 2024

Increasing Regulatory Scrutiny Of Formaldehyde Under TSCA

K&L Gates
K&L Gates
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Companies using formaldehyde in their manufacturing processes and/or selling products incorporating formaldehyde-containing components from upstream suppliers face significant challenges in an evolving regulatory landscape.

United StatesLitigation, Mediation & Arbitration
K&L Gates
K&L Gates
Vincenzo R. Chimera
Vincenzo R. Chimera
David Fusco
David Fusco

Companies using formaldehyde in their manufacturing processes and/or selling products incorporating formaldehyde-containing components from upstream suppliers face significant challenges in an evolving regulatory landscape. Earlier this year, the US Environmental Protection Agency (EPA) published its 2024 Draft Risk Assessment for formaldehyde prepared under the Toxic Substances Control Act (TSCA) (EPA 2024 Draft TSCA Assessment).15 U.S.C. §§ 2601-26291 Previously, we discussed the potential for increased regulatory scrutiny into the use of formaldehyde with the release of the EPA's 2022 Draft Formaldehyde Assessment under its Integrated Risk Information System (IRIS) (EPA 2022 Draft IRIS Assessment).2 EPA finalized its IRIS Toxicological Review of Formaldehyde (Inhalation) in August of 2024, with the principal findings that formaldehyde is carcinogenic to humans by the inhalation route of exposure.3 With the IRIS and TSCA risk assessments developing in tandem, the

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