Could New EPA Rule Related to Cadmium in Consumer Products Lead to Litigation?

A recent announcement from the U.S. Environmental Protection Agency (EPA) indicates the Agency's continued willingness to play a role in regulating consumer products on the basis of chemical content. EPA has released a final Toxic Substances Control Act (TSCA) § 8(d) rule that will require manufacturers of cadmium or cadmium compounds and those who import cadmium or cadmium compounds, including products (i.e. "articles") that contain those substances, to report certain unpublished health and safety studies to EPA when the substances have been or are reasonably likely to be incorporated into consumer products. 77 Fed. Reg. 71561 (Dec. 3, 2012). This advisory provides information likely to be of importance not only to entities in the chemicals industry, but also to the makers and importers of consumer products (including toys and electronics) that might contain cadmium and cadmium compounds.