prior rant, I raised the concern that EPA would oppose the use
of new cleanup technologies based on nanotechnologies on the basis
of the precautionary principle. I may not have been exactly on the
mark, but I was pretty close. On Thursday, the NRDC announced that it has filed suit
challenging EPA's decision to issue a conditional registration of a nanosilver-based
antimicrobial agent. The NRDC asserts that EPA's use of the
conditional registration process is "illegal," apparently
because EPA does not have sufficient information to justify a
conclusion that use of the nanosilver products do not cause
"unreasonable adverse effects to human health and the
environment." According to the NRDC, EPA's decision is
just the most recent example in a
long line of decisions that treats [sic] humans and our
environmental as guinea pigs for these untested pesticides.
As noted in my prior post, there is a difference between
regulating in spite of uncertainty
– which can frequently be justified – and
regulating because of uncertainty,
which is deeply troubling. Nanomaterials hold great promise in a
wide number of fields, including many uses – such as
antimicrobials – focused on
protecting public health and the
What is the basis for keeping these materials off the market
just because we haven't proved that they don't pose a
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Foley Hoag will present a 60-minute webinar on Wednesday, January 25, 2017 at 12:30 pm EST offering guidance to in-house counsel on best practices for pharmaceutical and biologics companies in selecting, vetting, and seeking approval for medication product names. The focus will be primarily on the U.S. market, although foreign strategies may be addressed as well.
25 Jan 2017, Seminar, Massachusetts, United States
Please join us on Wednesday, January 25 at the Westin Waltham Hotel for our quarterly New England M&A Forum, which brings the latest in market trends and recent legal developments to the New England M&A professionals' community.
Sellers love them, buyers hate them, but auctions are a mainstay of the M&A landscape. Our panel of experts, led by Foley Hoag partner Bill Kolb, will discuss legal, business and strategic considerations in structuring and participating in auctions from both the buy-side and the sell-side.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).