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Federal Microbead Ban May Not Be Final Word On Cosmetic Use

 
• By Ryan Nelson

Latham & Watkins attorneys believe the limited scope and "interpretive ambiguities" of the US Microbead-Free Waters Act could leave room for state legislation targeting plastic microbead use in cosmetic products, notwithstanding the law's preemption component. The absence of a "plastic" definition under the federal ban also raises questions, which biopolymer suppliers are racing to address with receptive ears in Congress.

FDA rulemaking or guidance may be needed to clarify points in federal law amended by the Microbead-Free Waters Act of 2015, and it's possible that industry hasn't seen the last of state legislation aimed at addressing plastic microbead use in the cosmetics sector, Latham & Watkins attorneys say.

Julia Hatcher and Ann Claassen, partner and counsel, respectively, in the law firm's Washington, D.C. office, expect that "interpretive ambiguities"...

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