The National Industrial Chemicals Notification and Assessment Scheme of Australia’s Department of Health and Ageing has released for public comment a plan to (i) eliminate a regulatory review exemption for the production of small quantities of new nanoscale materials; and (ii) establish a voluntary reporting system for manufacturers producing nanoscale chemicals. Comments must be provided no later than December 23, 2009. U.S. observers have reportedly indicated that the Australian proposal is presented in a manner that may make it a model for other countries also grappling with safety issues involving nanomaterials. See BNA Daily Environment Report, November 17, 2009.

Meanwhile, new reports on purported health and environmental effects of nanoscale materials continue to be released. The November 16 issue of Cancer Research contains a study suggesting that titanium dioxide nanoparticles, found in toothpaste, food colorants, cosmetics, sunscreens, paints, and vitamins, caused genetic damage in mice. According to senior author Robert Schiestl, “This is the first comprehensive study of titanium dioxide nanoparticle-induced genotoxicity, possibly caused by a secondary mechanism associated with inflammation and/or oxidative stress. Given the growing use of these nanoparticles, these findings raise concern about potential health hazards associated with exposure.” See ScienceDaily, November 17, 2009.

Some scientists reportedly contend that the use of cellular tests can lead to any result for researchers studying nanomaterial toxicity. During a recent workshop sponsored by the Nanoscale Science, Engineering, and Technology Subcommittee of the White House’s National Science and Technology Council, the chair of a pharmaceutical chemistry department at the University of Utah apparently said that the science of using in vitro tests to predict nanomaterial toxicity is in its infancy. According to David Grainger, researchers do not fully understand the physical and chemical properties of the materials they are testing. He claimed that some researchers are using “ridiculously” high doses bearing no relationship to real-world exposures. Another issue not yet fully understood in this field of research is what happens to nanoparticles when they enter the body. Some may clump together and others could undergo biological reactions changing them into entirely different substances. See BNA Daily Environment Report, November 18, 2009.

In a related development, the UK Advisory Committee on Hazardous Waste has published a report that concludes, “there is now evidence that there is likely to be wide exposure to low concentrations of nanosilver in the environment.” The report indicates that more research is needed, noting that “The nature of the environmental risk associated with the widespread use of nanosilver products is poorly characterized due to lack of knowledge.” The report calls for immediate government funding of research leading to “a workshop which brings together relevant stakeholders. The workshop should focus in knowledge exchange between stakeholders, development of a coherent and integrated research strategy and medium term 1horizon scanning (developments in the next 5-10 years).”

A number of scientists are apparently concerned about the widespread distribution of nanosilver in the environment. Used in more than 200 consumer products and washed down drains, nanosilver has been shown to have an effect on fish embryos and is not being removed by sewage treatment systems. A University of Utah researcher was quoted as saying, “I think we jumped the gun” by creating large volumes of such materials. “We should take more time and really look at these new nano-systems before we start to throw them into personal products and shoot them into these ecosystems.” Nanosilver is apparently being used in an array of consumer products because of its anti-microbial properties. According to a news source, the nanotechnology sector is expected to be a trillion dollar industry by 2015. See Environmental Health News, November 17, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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