Steptoe & Johnson Photo
(NHI Nanoblog) With government regulations on the horizon, liability lawsuits over products that use nanomaterials may follow, a lawyer for the Washington megafirm Steptoe & Johnson LLP writes.
In a piece for Industry Week, Jennifer Quinn-Barabanov (pictured) outlines what’s coming up from the U.S. Environmental Protection Agency, some states and the European Union.
Among the expected changes are requests for better data from manufacturers, workplace safety guidelines, and product labeling requirements, some mandatory and some voluntary.
“The first wave of nano litigation may soon follow,” Quinn-Barabanov writes. “As various compliance requirements are developed and implemented, the environment for lawsuits becomes more favorable.”
Nanotechnology involves manipulating super-small particles to make products with super properties. These particles are already in lots of items, from bike frames to sunscreens, and many in the medical field believe its potential is almost limitless for treating disease from the inside.
But the very property that makes these products useful — their tiny size — might also make them dangerous, both in the short and long term.
Companies should move to protect themselves from any liability, Quinn-Barabanov writes, by figuring out whether their products contain nanoparticles, and which substances they’re working with. If there are nanomaterials involved, she says, manufacturers need to take steps to protect workers, review their insurance policies and monitor how they’re throwing these substances away.
Accuracy in labeling is crucial.
“Companies should be especially careful in making claims that their products are nano-free,” Quinn-Barabanov writes.
Even if labeling isn’t mandatory, she says, companies should be clear with customers. There have been so-called “no injury” lawsuits from consumers covering products with other chemicals, such as Bisphenol‑A in baby bottles and formaldehyde in baby shampoo. These suits allege that the plaintiffs wouldn’t have bought these products had they known the chemicals were in them.
This could become a big issue with nanoparticles, since some products, such as sunscreen, can contain nano-sized substances but might not disclose that on the label. While most nano-products are advertised — if only so that their manufacturers can charge you more money — the labels typically don’t discuss much beyond the fact that the fabric, cream or other item uses “nanotechnology.”
As Quinn-Barabanov points out, we may soon be seeing a lot more specifics.
