Emerging Issues in Sustainability (Part One) | September 20, 2022

Emerging Issues in Sustainability (Part One) | September 20, 2022

As consumers continue to demand that the food they purchase meets certain production and transparency criteria, there has been increased pressure for products to consider various factors and claims related to sustainability. These factors can range from compostability, recycling, and other sustainability claims to bans on certain materials such as BPA for PFAS. 

In part one of this two-part series, attorneys from Keller and Heckman provide a general overview of the developments associated with Extended Producer Responsibility (EPR) as well as chemical-specific restrictions and prohibitions that are emerging at the federal, state and even local level.  These issues impact not only food packaging materials and a variety of other products, but also supply chain relationships that your companies may need to consider moving forward. 

This two-part series is also available as a Product Bundle

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Jeff Keithline

Partner

Keller and Heckman

Jeffrey (Jeff) Keithline practices in the area of food and drug law.

Jeff assists companies in establishing the suitable regulatory status of their products under the requirements of various federal agencies, including the U.S. Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA), and the U.S. Environmental Protection Agency (EPA).

Jeff also assists clients with compliance issues under state and local requirements relating to the manufacture, labeling, and disposal of products and packaging, including toxics in packaging, legislation, and various state right-to-know acts. In addition, he advises clients regarding the requirements for these products throughout the world, especially in Canada, Mexico, the European Union, Central and South America, and the Pacific Rim.

Prior to law school, Jeff served as a commissioned officer in the United States Navy aboard the USS West Virginia (SSBN 736), a nuclear submarine. 

Jean-Cyril Walker

Partner

Keller and Heckman

Jean-Cyril (JC) Walker counsels clients on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery Act and state analogues. He advises industry and trade association clients on regulations of hazardous air pollutants under the federal Clean Air Act (CAA) and state and local air pollution statutes, as well as emissions of volatile organic compounds (VOCs) in adhesives, paints, and other industrial and consumer products.  

JC helps clients navigate product safety issues. This includes assessing compliance with the Federal Hazardous Substances Act (FHSA), other Consumer Product Safety Commission (CPSC) requirements, and state consumer product requirements.

Additionally, JC counsels a broad range of industries on compliance with the U.S. Energy Policy and Conservation Act and California’s energy efficiency regulations. Representative clients include manufacturers and distributors of consumer appliances; commercial refrigeration equipment, heating, ventilation, and air conditioning equipment; and computers and consumer electronic devices.  

In addition to compliance advice, JC regularly represents clients in actions brought by the U.S. Environmental Protection Agency (EPA), the Department of Energy (DOE), the Federal Trade Commission (FTC), and other Federal and state regulatory agencies.

Mark Thompson

Partner

Keller and Heckmen

Mark Thompson counsels companies and trade associations on global compliance requirements applicable to finished foods, food additives, food packaging materials, cosmetics, industrial chemicals, and associated labeling in Asia, the U.S., and the European Union. He also advises clients on the regulation of drugs and genetically modified organisms (GMOs) in Asia. 

Mark began his career at Keller and Heckman in the Washington, DC office. From 2009 through 2016, he was based in the firm’s Shanghai Representative office, where he gained extensive experience and perspective on the regulatory scheme in China and throughout Asia. During that time, he assisted foreign and domestic companies in evaluating and securing new clearances for products in China, Japan, Korea, Taiwan, Thailand, and other Asian countries.  

Mark is a contributing author to PackagingLaw.com, which provides news and analysis of worldwide packaging regulations, and is frequently invited to speak at international regulatory conferences.

While in law school, Mark was a contract law teaching assistant and an Associate Editor for the Commlaw Conspectus. These experiences enhance his practice by providing a deeper insight into contract law and policy matters, respectively.

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Emerging Issues in Sustainability Part One
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