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Keller and Heckman’s Nanotechnology attorneys offer strategic services to clients to address the variety of legal issues associated with using new and existing nanotechnology products in industrial, food, food packaging, pesticide, and consumer applications. We take an interdisciplinary approach to help clients bring their products to market, even in uncertain regulatory climates. 

Keller and Heckman attorneys, with support from in-house scientists, solve the full range of legal challenges faced by manufacturers, processors, and end users, including product liability and indemnification. We use a comprehensive approach when navigating the legal hurdles faced by clients in the rapidly changing nanotechnology field and advise on policies and practices for companies to manage the unknown product liability considerations of the future. 

Representative Matters

  • Submitted comments on the Environmental Protection Agency’s (EPA) Office of Pesticide Programs’ proposal to require mandatory reporting of routine information on nanoscale ingredients in pesticides under Section 6(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
  • Filed industry amici brief in a case challenging conditional registration of a nanosilver product under FIFRA
  • Assisted with the registration of new nanoscale inert and active ingredients under FIFRA, such as silver, copper, and silica
  • Successfully negotiated with the EPA concerning the TSCA program to secure regulatory approval for the use of fullerenes and carbon nanotubes for industrial applications, as well as nanomaterials in washing machines and other consumer products
  • Advised brand owners on evaluating and addressing the use of nanoscale materials in consumer products in their labeling and web-based communications to the market and the public
  • Reviewed and negotiated numerous specialized recall/product contamination insurance policies for food companies worldwide
  • Participated in the Woodrow Wilson International Center for Scholars published study, “Assuring the Safety of Nanomaterials in Food Packaging: The Regulatory Process and Key Issues” as a Science Working Group Member and Co-chair of the Law, Policy and Process Work Group
  • Advised on the use of nanoscale substances in the European Union under the Plastics Regulation, Cosmetics Directive, Biocides Directive, and France’s law requiring a declaration for engineered nanomaterials
  • Advised companies on the regulatory status of nanomaterials for use in food-contact applications
  • Assisted with establishing a suitable compliance status for the use of new nanoscale products in food packaging materials



Areas of Focus

Helping clients develop a comprehensive approach to navigate the legal hurdles they face in the always-changing nanotechnology field by putting policies and practices in place to manage unknown future product liability consideration 

Advising clients on the evolving global regulatory registration requirements, labeling, and applicable industry codes impacting products that incorporate nanotechnology, including energy, medicine, and packaging

Counseling on product liability and indemnification, as well as extensively published on nanotechnology litigation issues, and drafting numerous briefs defending industry interests 

Advising, counseling, and representing clients to maximize the recovery of defense and coverage dollars through negotiation or, if a lawsuit is filed, litigation

Developing licensing and sales agreements for nanotechnology transfer and conducting due diligence reviews 

Counseling on considerations across the lifecycle of a product, including transportation, distribution, workplace exposure, manufacturing and downstream processing, and the disposal of nanomaterials

Providing leadership in discussions on chemical nomenclature for carbon nanotubes and other nanoscale chemistries between the International Organization for Standardization (ISO) and the International Union of Pure and Applied Chemistry

Leading negotiators for U.S. interests in the development of international labeling recommendations for consumer products containing manufactured nano-objects

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