February 2012

A new study published in the February 21, 2012, issue of American Chemical Society journal Environmental Science & Technology ("Titanium Dioxide Nanoparticles in Food and Personal Care Products"), provides the first broadly based information on amounts of the nanomaterial – a source of concern with regard to its potential health and environmental effects – in a wide range of consumer goods.

The study attempts to quantify the amount of nanoparticle TiO2 in common food products, derive estimates of human exposure to dietary nano-TiO2, and discuss the impact of the nanoscale TiO2 entering the environment.

You may be interested in a recent article in Product Liability Law360, February 2, 2012: "Mitigating Risk in Mass Nano Torts."

The article by attorneys Michael Lisak and James Mizgala (Sidley Austin LLP) suggests that consumer fraud (no-injury) class action claims are likely to be some of the first nanotechnology-related lawsuit faced by comapnaies making or selling nanomaterial-containing products. They suggest that the BPA plastic products liability class-action litigation can provide a useful framework for how similar nanoparticle claims may be pursued and defended.

Some excerpts are provided below, so you can decide whether to obtain the full article.

The use of engineered nanoparticles in food processing and pharmaceuticals is increasing, but the impact of chronic oral exposure to nanoparticles on human health remains unknown.

It has been estimated that the average person in a developed country consumes over a trillion man-made fine to ultrafine particles every day. Some features of nanoparticles may lead to harmful interactions with cellular material but few if any studies have yet addressed the chronic effects of nanoparticle exposure on the normal function of the intestinal lining, known as the epithelium.  

"Oral exposure to polystyrene nanoparticles affects iron absorption", published on February 12, 2012, in the journal Nature Nanotechnology, addresses that issue.

REACH, the European Union's primary regulation on chemicals is failing to identify or control nanomaterials. That is the conclusion of "Just Out of REACH: How REACH is failing to regulate nanomaterials and how it can be fixed," a report published February 6, 2012, by the nonprofit Center for International Environmental Law (CIEL).

As discussed in a previous post, on December 28, 2011, the United States Environmental Protection Agency (EPA) proposed significant new use rules (SNURs) for 17 chemicals, more than a dozen of which were carbon nanotubes and fullerenes.

These new chemicals have already been allowed to go into production, but with protective measures outlined in consent orders or premanufacture notices filed by specific companies. The proposed rules adopt those conditions so they would apply to other manufacturers who want to make the substances.

The SNURs would require manufacturers to notify the EPA 90 days prior to beginning production of the intended new use, in order to give the agency time to determine if the way the manufacturers wanted to make or use the chemicals poses an unreasonable risk to people or the environment.

The new rules identify the concerns the EPA has with each of the chemicals, and the specific worker protection or protective actions required, if any. The absence of such protective measures, under the SNURs, would result in a significant new use designation.

Parties originally had until January 27, 2012, to submit comments on the proposed rules.  But the EPA has indicated that it will extend the comment period, probably to March 2012, following concerns voiced by unions and other groups.

A coalition of government officials, chemical manufacturers, and representatives of labor and consumer advocacy groups are working together to come up with an agreement on ways to measure whether and how multiwalled carbon nanotubes are released from products embedded or coated with MWCNTs, potentially exposing workers, consumers or the environment.

The NanoRelease project is managed by the ILSI Research Foundation Center for Risk Science Innovation and Application (RSIA) and receives funding and technical support from U.S. and Canadian agencies, as well as industry associations.

It is acknowledged that major data gaps exist on the potential for nanoparticle release from products where nanomaterials have been embedded or coated onto a solid product.  But that type of information is critical for conducting real-world assessments of risk.