Regulations playing catch up with chemicals on the market

In Europe, so far, just over 220 chemicals or groups of similar chemicals have been identified as substances of very high concern, just over 50 have been banned (unless special permission for use is agreed) and there are 70 restrictions covering the use of various substances, where limits are set on how much of a chemical can be used so the exposure, in theory, is maintained at a safe level.

The US Environmental Protection Agency (EPA) has struggled to introduce measures to tackle risks associated with legacy chemicals, mainly because of industry lobbying. To date, the agency has taken action against a dozen substances, some of which are used in consumer products, including:

• Banning a flame retardant (known as decaBDE) used in plastic enclosures for computers, televisions, and other electricals, textiles and upholstered articles, as well as wire and cables for communication and electronic equipment, and other applications
• Banning a plastics additive and flame retardant (PIP (3:1)), used in hydraulic fluids, lubricating oils, lubricants and greases, as well as adhesives, sealant, and plastic articles
• Restricting methylene chloride, used by consumers to remove paint and coating removal for consumer use.

Other countries tackling the legacy chemicals issue include Australia, Canada, China, Japan, South Korea and Taiwan. Regulators in some countries have also introduced targeted laws to manage chemical risks in specific sectors, such as cosmetics, food, electronics, toys, and medical devices. These regulations tend to list ingredients that are either:

• Permitted for use (for example lists of approved cosmetic ingredients, or materials that can be used to package food or authorised pesticides); or 
• Banned or limited (for example, heavy metals and other hazardous chemicals in electronics or toys). 

There can be additional requirements for certain information to be reported, or labelling to be used - for example, use of substances called nanomaterials (very small) have to be labelled on cosmetics and food contact materials in Europe. 

The UN system to classify chemical hazards, has ten health hazard categories and two environmental hazard categories. 

All current regulations controlling which substances can be used in products, are based on risk assessments, which take each chemical’s hazard properties and exposure into account.