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.'"

The Federal Institute for Occupational Safety and Health (BAuA) issues Technical Rules for Hazardous Substances (TRGS), which reflect the state of technology, occupational safety and health, and occupational hygiene, as well as other verified scientific knowledge relating to activities involving hazardous substances, including their classification and labeling.  BAuA has published an English translation of TRGS

The European Chemicals Agency (ECHA) issued a press release on February 24, 2020, stating that it has received a low number of registration dossiers for nanomaterials.  ECHA states that it has received only 95 unique submissions for 36 substances covering nanoforms according to the updated Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation requirements. 

On February 19, 2020, the National Institute for Occupational Safety and Health (NIOSH) posted a Science Blog item entitled “Are There Nano- and Microplastics in the Workplace?” that reviews workplace exposure to microplastics (defined by NIOSH as “plastic particles smaller than 5 mm”) and nanoplastics (the nanoscale fraction of plastic particles).  NIOSH states

On January 28, 2020, the European Union (EU) published The NanoDefine Methods Manual, a collection of three Joint Research Center (JRC) reports developed within the NanoDefine project “Development of an integrated approach based on validated and standardized methods to support the implementation of the EC recommendation for a definition of nanomaterial.”  According to the

The U.S. Environmental Protection Agency (EPA) announced on February 12, 2020, that it is seeking public input on a proposal to incorporate a new nanosilver pesticide product into textiles to combat odors, discoloration, and other signs of wear.  The proposed registration decision is for NSPW Nanosilver, and the proposed pesticide product, Polyguard-NSPW Master Batch (Polyguard),

On February 13, 2020, the Nanotechnology Industries Association (NIA) published a position paper entitled ‘Nanoplastics’:  Use of suitable terminology for representation in waste, degradation of plastics and presence in the environment.  In the paper, NIA and its members urge caution and clarity when referring to plastics as small particles or fragments.  NIA states that

The Scientific Committee on Consumer Safety (SCCS) announced on February 6, 2020, that the European Commission (EC) has requested scientific advice on the safety of nanomaterials in cosmetics.  The EC seeks advices on two questions:

  • The EC requests that SCCS determine the nanomaterials, as published in the recent catalogue of nanomaterials of 2019, for

The American Conference of Governmental Industrial Hygienists (ACGIH®) Threshold Limit Values for Chemical Substances (TLV®-CS) Committee has included carbon nanotubes on its 2020 list of chemical substances and other issues under study.  Being placed on the under study list indicates that the TLV®-CS Committee has selected carbon nanotubes

On February 5, 2020, the Nanotechnology Entrepreneurship Network (NEN) will hold a webinar on insights from the U.S. Patent and Trademark Office (USPTO) from 12:00 p.m. to 1:00 p.m. (EST).  The National Nanotechnology Initiative (NNI) notes that a key stop on the technology development pathway is protecting the underlying intellectual property.  Entrepreneurs intending

The National Toxicology Program (NTP) published a Federal Register notice on January 31, 2020, announcing that the Board of Scientific Counselors (BSC) will meet on February 21, 2020.  During the meeting, BSC will review and provide advice on programmatic activities.  According to the preliminary agenda for the meeting, the meeting will include a presentation