Background - Practices (Details)

Crowell & Moring's chemicals team helps companies bring their chemical products to market and keep them there; and we work closely with our clients to anticipate, prepare for, and respond to challenges and threats to the chemistries they rely on.

Our chemicals team, which includes a number of lawyers with technical backgrounds, provides broad-based industry-focused assistance to leading multinational companies, smaller chemical companies, trade associations and testing consortia with operations and interests in North America, Europe, and Asia. We provide practical advice at every stage of a chemical product's lifespan—from intellectual property and risk management issues that arise during a product's development to regulatory approvals required to bring a product to market, as well as advising on ongoing compliance issues and defending against regulatory challenges, litigation, and activist-driven campaigns.

Members of our chemicals team include several former government regulators and other practitioners with decades of experience in the regulation of chemical products. We regularly represent clients before the U.S. Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Occupational Safety and Health Administration (OSHA), the Drug Enforcement Administration (DEA) and other federal and state regulatory agencies, including the California Department of Toxic Substances Control (DTSC) and California’s Office of Environmental Health Hazard Assessment (OEHHA).

We believe there are three pillars to the success of our chemicals practice: (1) we listen to our clients, strive to understand their objectives and needs, and work closely with them as partners; (2) we have a deep and sophisticated understanding of the laws and regulations that impact the chemicals industry; and (3) we have built longstanding, trusting relationships with the relevant regulators over thirty years of practice.

Visit the TSCA Modernization Resource Center

Representative Engagements

  • We advised several global manufacturers and represented their interests on Capitol Hill during negotiations on TSCA modernization and the debate and discussions leading up to enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA).
  • We have assisted numerous clients in understanding and complying with the requirements of “New TSCA” including Inventory Re-set reporting and reporting on nanoscale materials.
  • We regularly assist clients in obtaining new product clearances under TSCA, including novel product categories such as biotechnology products and products employing nanotechnology. We have also negotiated multiple Section 5(e) consent orders for new chemicals, when needed to secure access to the market.
  • We routinely counsel clients on labeling and testing requirements, import and export requirements, new product development, reporting and record-keeping requirements, and the applicability of new regulations and evolving agency guidance.
  • We advise a number of companies on regulatory and legislative initiatives at the State, Federal and International level, concerning various “chemicals of concern” including perfluorinated compounds, brominated flame retardants, Bisphenol-A, and others.
  • We assist clients in preparing for and complying with emerging State regulatory programs governing chemical products, such as California’s Safer Consumer Product Regulations and Maine’s Act to Protect Children’s Health and the Environment from Toxic Chemicals in Toys and Children’s Products.
  • We are often called upon to assist companies in defending against enforcement actions brought by EPA and state regulatory agencies, and we regularly counsel companies on the opportunity to mitigate the risk of civil penalties under TSCA through the effective use of EPA’s Self-Policing policy.
  • Finally, because the chemical industry is global, our clients need to assure their compliance with international regulatory regimes, such as the European Union’s regulation on the Registration, Evaluation, and Authorization of Chemicals (REACH). Through our Brussels office, we assist clients in identifying and complying with their obligations under REACH and related legislation in the EU.