Chemicals, Products and Pesticide Regulation
With the intense scrutiny afforded products in today’s highly regulated environment, the success of any commercial offering can hinge on whether it has been positioned to withstand the pressures of the complex and interrelated health, safety and environmental requirements of local, state, federal and international regimes. Katten’s Environmental Practice helps clients identify and manage the potential risks of administrative, civil and criminal actions by agencies, competitors and members of the public.
Our attorneys routinely advise a variety of companies in several major industry sectors—from industrial chemical manufacturers to producers of pesticides and fertilizers for consumer markets. We counsel these companies throughout the full life cycle of their products—devising strategies to ease the way for new products to enter the stream of commerce, advising on advertising and marketing restrictions, ensuring compliance with evolving regulations, and assisting with product recalls and withdrawals. Along the way, we identify each client’s business objectives and devise and implement the strategies designed to achieve those objectives.
Our specific experience includes assisting clients with the full spectrum of regulations imposed on producers and distributors by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which can have significant competitive impacts and enforcement ramifications. We are also called upon to assist clients with the Toxic Substances Control Act (TSCA), which is becoming increasingly prevalent in light of enhanced regulation by the U.S. Environmental Protection Agency and proposed reform legislation.
Katten’s environmental attorneys work closely with the firm’s Customs and International Trade Practice to assist companies facing regulatory hurdles in the importation or exportation of goods in maintaining their compliance with the increasingly complex trade enforcement rules established by more than a dozen federal agencies. Our team can help companies minimize customs and trade risks by designing integrated business processes and undertaking internal reviews and assessments. We also regularly counsel clients on navigating the myriad customs and international trade laws governing the importation of goods, and help companies minimize exposure to duties, investigations and penalties. On the export side, we help clients expand their markets, manage their regulatory burdens and risks, and remedy compliance gaps.