United States: Nanotechnology: The Road to a Bright Future Is Filled with Potholes

Throughout the world, dedicated teams of scientists and engineers at companies large and small are making remarkable progress as they work to realize the potential of nanotechnology. As companies invest resources in the development of this promising technology, they should not ignore the need to navigate around the legal and policy potholes that will become larger and more significant with each new success in the laboratory.

Senator James Jeffords, the United States Senate Committee on Environment and Public Works’ minority leader opened a nanotechnology stakeholder meeting on April 6, 2006 with these words:

He went on to predict that one or more committees in the U.S. Congress will pass legislation to ensure the safety of this growing technology within four years. One of the meeting participants suggested that if new regulations are not in place within two years, a rapidly increasing public interest in and concern with the unregulated growth of nanotechnology will create problems for the industry – primarily public perception and consumer confidence problems similar to those experienced in Europe by companies trying to promote the use of genetically modified organisms (GMOs).

Threshold issues facing regulatory agencies throughout the world include decisions about which existing regulatory programs should be used and how to apply them so as to assure the safety of products that are developed as a result of nanotechnology. Regulatory concerns have been expressed about the safety of workers, consumers and the ambient environment. At the same time, legislatures throughout the world are considering what new authorities may be needed to assure public health and environmental safety. These are issues that have enormous implications for any company that is pursuing the promise of nanotechnology.

Senator Jeffords concluded his remarks with this admonition and observation: "Study carefully the successes and failures of every other industry that has gone before you. Developing an appropriate safety framework will allow nanotechnology to thrive, as it should." The active and continuing participation of nanotechnology proponents will be necessary to ensure that the regulatory frameworks that will be developed in the United States, Europe, Asia, and the rest of the world will not stifle innovation or create unnecessary barriers to market entry.

This article is intended to provide information on recent legal developments. It should not be construed as legal advice or legal opinion on specific facts. Pursuant to applicable Rules of Professional Conduct, it may constitute advertising.