Partners Herb Estreicher, David Fischer, and Katie Skaggs, Counsel Lauren Gates, and Associate Allison Payne Quoted in Chemical Watch Article on the Analysis of Post-Election TSCA and Food Chemical Policy Priorities

Partners Herb Estreicher, David Fischer, and Katie Skaggs, Counsel Lauren Gates, and Associate Allison Payne were recently quoted in a Chemical Watch News & Insight article examining how Democrats’ decisive midterm election victories could influence U.S. food chemical policy and the future of the Toxic Substances Control Act (TSCA) program.

The article, “Democrats’ big election win shifts outlook for food chemicals policy, TSCA programme,” explores the likelihood of increased congressional focus on food chemical regulation, including potential reforms to the Generally Recognized as Safe (GRAS) framework and greater oversight of food contact substances. 

Discussing food chemical policy, Katie Skaggs noted that while uncertainty remains regarding congressional priorities, some issues are likely to continue gaining traction. "Democrats have championed changes to GRAS, making it a MAHA issue that could continue to have momentum in the new Congress," Katie said. She added that action to address "colour additives and ultra-processed food could also have 'staying power' in the new Congress." 

Addressing TSCA reform, Lauren Gates and Allison Payne observed that regulatory action may offer the most realistic path forward. "Industry’s best chance at TSCA reform during the remaining years of the second Trump administration is through regulatory initiatives," they said. They further advised that "Industry should use this time to lobby EPA political officials to effectuate change through the rulemaking process before administrations potentially change in 2028." 

David Fischer, a former deputy assistant administrator for EPA’s chemicals office, emphasized the importance of agency guidance documents, noting, "Given that rulemaking from start to finish generally consumes at least two years, there is little time for EPA to initiate new rulemaking, which is why developing policy (guidance) documents should take centre stage.”

The article also explored the future of TSCA following recent litigation developments. Herb Estreicher commented that Democrats could "reopen TSCA" in 2029 if they win the White House and Congress, potentially pursuing changes that would make it easier to regulate existing chemicals while also revisiting portions of the new chemicals review process. 

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