What are embattled chemicals? Substances can become embattled in a number of ways. Many find their way into this arena because of known chemical/hazard properties. However, the embattled substance arena is not just driven by regulations, but often by green NGO activity, or by a particular substance getting into the public eye due to media scares making a particular chemical the issue of the day.

Tight Fit – Regulators’ response to semicarbazides shows how removing one problem can nearly create another.

For example, semicarbazide, a possible mutagen, was found in samples of baby food in 2003. In the subsequent drama, the source was traced to products used as blowing agents for the PVC seals for the jars. Authorities moved quickly to ban the source chemical’s use in PVC seals for food packaging. It reads well, except that the ban was introduced so quickly that the industry was left frantically searching for an alternative way to keep food sealed. This potentially replaced one relatively low risk with a higher risk of microbiological contamination.

Laws made fast, and in a kneejerk way are often weak. Yet the story of semicarbazide is not uncommon. These products, ‘embattled chemicals’ as they’re known in the industry can be driven by regulations, such as REACH, but also by media, retailers, NGO activity or even social media. And because most consumers aren’t chemists the science gets simplified. Here are two examples.

The cosmetic industry today faces real challenges on preservatives.

Branch chain parabens have been associated with endocrine disruption properties and their use in cosmetics is sensibly being phased down. ‘Paraben-free’ has become a common promotion, except this phrase draws in both the branch-chain parabens and also linear parabens – which are widely used in cosmetics. Replacing these products with an alternative is a challenge as the range of preservatives available becomes narrower. This can result in increased costs and reduced efficacy

“If I can’t pronounce it, it ain’t going into my body” proclaimed the announcer for the Jack Lalanne Juicer in a long-running TV advert for this product. The substance he couldn’t pronounce was α-tocopherol (vitamin E).

These challenges are likely to grow. The cosmetic industry today faces real challenges on preservatives used to keep water-based products like shampoos, hand creams and liquid skin cleansers free of bugs. Like the PVC packaging in the baby food, kneejerk responses could replace one perceived problem with another.

There are many substances that are embattled in some way; the list is only likely to grow as each new cause célèbre surfaces. Each one gives a substance a bad name and once a substance has a bad name, it often keeps it. This can be based on solid science, but often it is not. A browse around a supermarket shelf will reveal that significant marketing energy goes into selling products that are “free of…” The consumer’s base assumption is: if a product is being offered that is “free of X”, whatever “X” is must be bad.

Companies need a plan

The embattled substances arena is a messy one. However, companies can do much to create order and avoid being caught out. We have a three stage process to manage this with our clients.

  1. Involve an expert team. If you are close to the REACH process, then your core REACH team is a good place to start. As well as this, operations, regulatory affairs and marketing teams are essential partners in your planning phase. Involving outside experts can also help fast-track the process.
  2. Draw up a systematic list of potentially problematic substances and where they’re used in your business. Think wider than the science, scan NGO literature, use your expert team to keep this process broad.
  3. Have a clear plan to track and address each problematic substance. This again goes wider than pure science. Engagement with regulators and other stakeholders is a key action. Working with marketing and communications teams to keep the agenda plain English is also important. Regrettable substitutions need to be avoided. Companies see a substance under threat and dive for the best-looking alternative. But is it better? This can be a bigger challenge when replacement timelines are long, such as in the aeromotive industry.

By Alan Ritchie

alan.ritchie@wspgroup.com

+44 20 3116 6072

WSP | Parsons Brinckerhoff

Alan has 25 years of chemical regulatory, REACH and related regulatory issues. He is happy to provide advice on strategies for managing embattled substances.