How do you avoid the reputational harm and the cost of being associated with the next chemical targeted by health and environmental activists? Consider:
You’ve read about electronics companies who used brominated flame retardants (BFRs) and were criticized for not removing them from products quickly enough, even though no regulation mandated their removal.
You’ve read about companies that supply clear water canisters or baby products, who were demonized for having infinitesimal concentrations of bisphenol A (BPA) in their cans and bottles.
You have no idea how many ways phthalates are used, except you keep reading about new California Proposition 65 allegations of the phthalate DEHP being used in products ranging from power tools, wire coating, to kids pool toys.
You are under the impression that if you’ve pulled these high-profile chemicals out of your products that you are “safe.” And you are -- for now.
What’s next? Should you wait for the next chemical of concern to reveal itself, then scramble to remove it from your products? Or do you take a more proactive approach by working to anticipate what chemicals will be on the next list for “deselection” as a result of activist, consumer, media, and possibly regulatory pressure? At a consumer level, it may seem that the deselection process happens rather quickly. However, I believe this loosely defined, informal process has early markers that are easily identified if you know what to look for and where to look.
Most chemicals that end up on a deselection or ban list of some sort begin their trek toward deselection as a research topic in a university somewhere in the world. The results of the research are subsequently published in a technical journal like the Journal of Toxicology and Environmental Health. For example, earlier this year this journal published an article titled, Can Standard Genotoxicity Tests be Applied to Nanoparticles?. Now, just because a chemical appears in a technical journal somewhere doesn’t mean that it will end up being banned. There is a lengthy decision process that each chemical or family of chemicals must go through that can take a decade or more before we ever see a change in product formulation, if at all. For example, right now nanomaterials are getting a great deal of attention, but it is unknown when or if these materials will be deselected, if at all, and which materials will be targeted. In the case of BPA, the early technical articles showed up in the 1980s, but the tipping point for deselection did not take place until the early 2000s.
Can this process be predicted? Maybe not solely from the first article that is published. However, at a certain point, it is possible with a great deal of certainty to predict the chemicals that will be targeted for deselection and regulatory ban.
A number of years ago, I saw that one of the chemical additives purchased by the company I was working for was on the precipice for the path of deselection and ban. I took my concerns to the company leadership and made the case for why I thought the additive would be banned. Although I was unable to pinpoint exactly when the business would lose the ability to use this additive, I assured them the day was coming.
Hearing the case, they decided to investigate if there were similar alternatives they could buy that would meet their needs. None existed. Finding this, they immediately began an R&D program to develop a replacement. Sure enough, a few years later the additive was targeted for deselection. Thanks to long-term thinking, the company had a solution in hand. In fact, it was the only company with a tested solution and its competitors were forced to license the newly developed solution.
The moral of this story is that with proper planning you can prepare for the future and save products from being pulled off the market. You may even make some money off your competitors if you play your cards right.
Next page: So what chemical is next?












The subtext of the article is
The subtext of the article is very disappointing, which is something like: wow, those environmental bans sure are hard to predict; why do they keep doing this to us?
Instead, why not simply train chemists and product designers on environmental toxicology, environmental fate and transport, and basic toxicology. No chemist in industry today is required to have any such coursework. Teach chemists that the use of halogens may cause problems at a product's end of life; that the qualities we want in a plastic additive may make it a neurotoxin. Predict what happens to a product at its end of life. Does it end up in the landfill? Will be incinerated? At what temperature? Will it end up in a sanitary sewer? How will the product interact with each of these different types of end-of-life? If it's going to "break down," by what process, and into what components?
Think about it: manufacturers are becoming unwitting pharmaceutical manufacturers: that is, we have so much stuff, and so much stuff changes so quickly, that we're flooding the environment with chemicals that end up our bodies- fire retardants in breastmilk, endocrine disruptors in our food chain, etc.
As we continue to refine our design capabilities, surely designing for end-of-life can help mitigate if not eliminate environmental and health risk. Imagine your value proposition if you could credibly claim that your product, when disposed of, doesn't harm the environment.
Wanna start? google "green chemistry."
Tony, triclosan may well be
Tony, triclosan may well be "legal", but do you think the fact that the legal basis, i.e. TSCA, is an obvious failure, may have something to do with that fact? Lots of chemicals that should not be legal are, in fact, legal. That is no longer an excuse for putting toxic, harmful substances on the market. This is an antibacterial that kills all bacteria, beneficial and not. And when it gets in to the wastewater system and is discharged into waterways it continues to kill indiscriminately. Yes it may have value for medical uses, but it is absolutely unnecessary for home use.
how about simply not
how about simply not manufacturing things using persistent bioaccumulative toxic compounds?