New York’s Flame Retardant Ban Faces TSCA Preemption Challenge

January 6, 2022
New York’s just-enacted law banning organohalogen flame retardants (OFRs) in many products violates TSCA’s preemption provisions because it covers a chemical that EPA is currently evaluating, setting up what would be the first test of those elements in the reformed law, according to the American Chemistry Council (ACC). At issue is the state’s S.B. 4630 , which Gov. Kathy Hochul (D) signed on Dec. 31. It targets mattresses, furniture, electronic displays available for “personal” use, or “electronic enclosures,” such as...


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