Product Liability Risks for the Chemicals Industry – Recent Developments in China and the United States
© Lexxion Verlagsgesellschaft mbH (8/2011)
This is Part Two of a two-part publication on the recent legal developments with regard to product liability risks for companies in the Chemicals industry. This combined effort was undertaken by various members of the Hogan Lovells Global Chemicals Product Liability Industry group. This second part focuses on China and the U.S. The respective authors are Eugene Chen and Yuping Zhao (both China) and Trevor Jefferies, Eric Statman, Matthew Galvin and Courtney Colligan (all U.S.). The first part, published in June 2011, focused on recent developments in Germany, the UK, Italy and France.

Product Liability Risks for the Chemicals Industry – Recent Developments in Europe
© Lexxion Verlagsgesellschaft mbH (6/2011)
The present publication is a multi-jurisdictional overview on recent legal developments with regard to product liability risks for companies from the Chemicals industry. This combined effort was undertaken by various members of the Hogan Lovells Global Chemicals Product Liability Industry group. This two-part publication will in its first part focus on recent developments in Germany, the UK, Italy and France. The respective authors are Dr. Sebastian Lach (Germany), Dr. Hannah von Falkenhausen (Germany), Alex Woods (UK), Christian Di Mauro (Italy), Thomas Rouhette and Christelle Coslin (both France). The second part will focus on China and the US. The respective authors of these country parts are Trevor Jefferies, Courtney Colligan (both US) and Eugene Chen (China).

Independent Scientific Advice: Comparing Policies on Conflicts of Interest in the EU and the US
© Lexxion Verlagsgesellschaft mbH (6/2011)
This article highlights the importance of unbiased scientific advice in the European Union’s legal system. It then analyses and compares the policies in force throughout the European Food Safety Authority, European Medicines Agency and European Commission’s Scientific Committees with the one implemented by the US Food and Drugs Administration.

Fukushima Fixation – The Media Focus on Radiation Risk in Tsunami-Stricken Japan
© Lexxion Verlagsgesellschaft mbH (6/2011)
Twenty five years on from Chernobyl, the tragic events in Japan of March 2011 seem to reaffirm the risk society’ perspective which the 1986 nuclear accident in the former Soviet Union did so much to popularise. It was amidst widespread predictions of mass harm – projected both across Europe and into the future – that German sociologist Ulrich Beck’s book of the same name found such a receptive audience. Beck wrote of a new era defined by the greater risk posed by ‘manufactured’, technological risk than natural, ‘external’ ones.

Risk vs Hazard and the Two Souls of EU Risk Regulation: A Reply to Ragnar Lofstedt
© Lexxion Verlagsgesellschaft mbH (6/2011)
When called upon to regulate risk, the EU carries the threefold onus to (i) protect its people(s); (ii) ensure the functioning of the internal market; and also (iii) to allocate the resources available wisely and efficiently.

The Use of BPA in Baby Bottles: Regulatory Challenges in Dealing with Uncertain Risks
© Lexxion Verlagsgesellschaft mbH (3/2011)
Parents of infants have recently been confronted with labels indicating that their purchases of a baby bottle, teethers or sippy cups are now ‘Bisphenol A-free’ (BPA). What does this imply? These labels suggest that the presence of BPA poses a risk of which consumers were most likely unaware.

Regulating Catastrophic Risks by Standards
© Lexxion Verlagsgesellschaft mbH (2/2011)
This article analyses the role played by standards of protection in the regulation of catastrophic risks. It examines how to protect people against the occurrence of catastrophic events, considering that the related risk is highly uncertain and difficult to predict using rational methodologies. In this perspective, the article focuses on environmental risks and terrorist threats affecting common goods – namely environment and security – areas where any damage is susceptible to producing ruinous effects and huge casualties.

Regulating the Use of Bisphenol A in Baby and Children’s Products in the European Union: Current Developments and Scenarios for the Regulatory Future
© Lexxion Verlagsgesellschaft mbH (2/2011)
Parents of newborns and small children have recently been confronted with labels indicating that their purchases of a baby bottle, teethers or sippy cups are now ‘Bisphenol A-free’ (BPA). A synthetic chemical used in the production process of polycarbonate (plastics), Bisphenol A is currently making headline news in the US and the EU. Its questioned safety in food plastics, baby bottles and children’s toys has turned plastics into a political issue as it is systematically framed as a risk in media coverage.

Mercury Recovery from Solid Hazardous Wastes by Thermal Desorption
© Lehrstuhl für Abfallverwertungstechnik und Abfallwirtschaft der Montanuniversität Leoben (11/2010)
This paper reviews basic principles, applicability, advantages and limitations, methods of predicting and improving performance of thermal desorption plants for highly mercury-contaminated solid wastes. The discussion is based on a review of previously performed bench scale tests and field applications using thermal desorption systems which have been undertaken, mostly with mercury-contaminated soils from Buna Schkopau and the Chemical Factory Marktredwitz (CFM).

Putting Risk Management to the Test or Why it is Ineffectual to Separate Risk Assessment from Risk Management: The Story of Maximum Levels for Aflatoxins
© Lexxion Verlagsgesellschaft mbH (6/2010)
This article reviews the policy process of setting maximum levels for aflatoxins by the European Union and the Codex Alimentarius Commission. The differences between the two regulatory organizations and the difficulties entailed in the alignment of the two standards are illustrative of the problems inherent in risk analysis in the food sector. This case is also instructive with respect to the way in which scientific evidence is used when deciding on appropriate food safety standards.

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