Chemicals

REACH, Biocides, Pesticides and Nanotechnology

For decades, Keller and Heckman has counselled clients and litigated for clients on all areas regarding chemical law across the globe, and particularly in Europe. 

With in-house scientists and technical specialists we are ideally positioned to advise and assist on all issues regarding chemical and petro-chemical compliance and litigation. 

In particular, we advise and litigate on issues such as:

  • Gaining market access
  • Compliance
  • Litigation - particularly the defence of chemicals against regulatory action
  • Enforcement
  • Crisis management including product recalls and corrective action  

This includes, but is not limited to issues such as:

  • PBT/vPvB assessment
  • Endocrine disruption
  • SVHC/Annex XIV/Annex XVII listings
  • Harmonised classification and labelling proposals
  • Registry of Intention/PACT/RMOA etc. issues
  • Nanoenabled products
  • Chemicals and waste
  • Chemicals in consumer and end products such as textiles

REACH/CLP

Keller and Heckman Europe is at the forefront of advising and litigating on REACH and CLP issues.

ECHA Board of Appeal

  • Keller and Heckman was the first to take a REACH Substance Evaluation appeal before the ECHA Board of Appeal
  • Keller and Heckman was the first to take an appeal case before the ECHA Board of Appeal which proceeded to Oral Hearing
  • Keller and Heckman established the ability to bring so-called collective appeals before the ECHA Board of Appeal

Litigation before the EU Courts (SONCs, Annex XIV, Annex XVII, etc)

  • Keller and Heckman has litigated cases before the General Court in Luxembourg on issues such as SONCs.
  • Keller and Heckman has advocated on issues before the European Commission, including the right for REACH ORs to apply for REACH Authorisation
  • Keller and Heckman advises on Annex XIV and  XVII inclusion decisions and pre-inclusion issues

REACH Data Disputes

  • Keller and Heckman represents Data Owners and Data Seekers both on Article 27 and Article 30 Data Disputes
  • Keller and Heckman was one of the first to obtain interim measures pending resolution of a data dispute following a registration deadline
  • Keller and Heckman counsels and advises extensively on the impact of the Data Sharing and OSOR Regulation

Nanotechnology

Rapid advances in the field of nanotechnology have posed challenges as regulatory authorities have considered how to best define and regulate nanomaterials, frequently discussing the applicability of current regulations to nanomaterials. Keller and Heckman Europe is at the forefront of helping clients assess regulatory requirements for nanomaterials. We assist clients in obtaining regulatory clearances for nanomaterials, in addition to providing advice on market access, product safety and product defense issues. We also monitor legislative and policy developments impacting nanotechnology and support efforts to create a regulatory environment that encourages innovation. In addition, we advise clients on related matters, such as insurance and re-insurance, financing and intellectual property issues.

Biocides Products/Plant Protection Products

Keller and Heckman Europe advises and counsels extensively on the Biocidal Products Regulation (BPR) and the Plant Protection Products Regulations (PPPR)  and related legislation. 

This includes counselling and litigating on issues regarding:

  • Active approvals and Product Authorisation
  • Simplified Authorsiation Procedure (SAP) issues
  • Article 95 listings
  • Data disputes and data access
  • Biocidal Products Committee Decisions and decision-making
  • Exclusion criteria and Candidates for Substitution issues
  • Treated articles
  • Food-Contact Materials
  • Union Authorisation/Mutual recognition

For information on Keller and Heckman’s global Chemical Control Practice click here