Photo of Lynn L. Bergeson

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C's scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: "The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. 'She is probably the premier pesticide lawyer in DC,' notes one impressed commentator. Peers predict that she is set to become 'one of the most important lawyers in America.'"

As reported in our May 7, 2021, blog item, the European Commission (EC) held a targeted stakeholder consultation as part of its review of the Recommendation on the definition of a nanomaterial. The EC held the consultation to update, test, and verify the preliminary findings of its review, gathering further evidence and feedback

According to Australia, after the first year of operation of the Australian Industrial Chemicals Introduction Scheme (AICIS), the regulated industry and staff within the Office of Chemical Safety have identified “minor operational issues” that require amendments to the details set out in the Ministerial Rules. Australia is proposing targeted amendments to the Industrial Chemicals (General

ASTM recently announced that it published a standard, E3275, that seeks to familiarize laboratory scientists with background information and technical content necessary to image and identify engineered nanomaterials in cellular and noncellular samples. According to ASTM, the standard is specific to the use of the darkfield microscopy/hyperspectral imaging analysis technique. ASTM states that in

On August 18, 2021, the U.S. Environmental Protection Agency (EPA) issued several significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMN), including the chemical substance identified generically as multiwalled carbon nanotubes (PMN P-18-182). 86 Fed. Reg. 46133. The SNUR requires

The European Food Safety Authority (EFSA) published a Scientific Opinion entitled “Safety assessment of the substance silver nanoparticles for use in food contact materials.” The EFSA Panel on Food Contact Materials, Enzymes and Processing Aids (CEP) assessed the safety of the additive silver nanoparticles intended to be used in plastics. All the silver

The International Organization for Standardization (ISO) recently published two standards for nanomaterials. ISO/TS 21633:2021, “Label-free impedance technology to assess the toxicity of nanomaterials in vitro,” describes a methodology of a label-free and real-time detection for non-invasive monitoring of cell-based assays to assess toxicity of nanomaterials to eukaryotic and prokaryotic cells. ISO/TS 23034:2021, “

The European Food Safety Authority (EFSA) has updated its “Guidance on risk assessment of nanomaterials to be applied in the food and feed chain: human and animal health.” The updated guidance, published on August 3, 2021, covers the application areas within EFSA’s remit, including novel foods, food contact materials, food and feed additives,

As reported in our January 4, 2021, blog item, the American Conference of Governmental Industrial Hygienists (ACGIH®) Threshold Limit Values for Chemical Substances (TLV®-CS) Committee included carbon nanotubes on its 2021 list of chemical substances and other issues under study. Being placed on the under study list indicated that the

On July 15, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “The ECHA Nanomaterials Expert Group (NMEG)” by Frank Le Curieux, Scientific Area Leader for Genotoxicity at the European Chemicals Agency (ECHA). Le Curieux provides a brief summary of the creation of NMEG and its history. NMEG’s current