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toxic substances control act
Beware the Toxic Chemicals at Dollar Stores
The nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe.
Dec 03, 2024
When shopping for the holidays, most people reasonably assume that products sold in major American retail stores are free of toxic chemicals. After all, harmful substances like lead and mercury have no place in the shopping cart, and regulations must prevent this kind of dangerous exposure, right?
Unfortunately, this is not the case. A recent study revealed that over half of the items tested on dollar stores’ shelves contained toxic chemicals. This includes lead foundin tablecloths, jewelry, and baby toys with known links to brain development harm; phthalates in school supplies, silly straws, and bath toys with links to early puberty in girls, birth defects in the male reproductive system, obesity, and diabetes; BPA in receipts, cookware, and can linings that can affect the brain and prostate gland of fetuses, infants, and children; and PFAS—long-lasting synthetic chemicals—found in popcorn bags that can affect the immune system and liver function.
Just last month Toxic Free Future released their latest Retailer Report Card, which graded Dollar General with a D+ and Dollar Tree/Family Dollar with a D for safety, based on hazardous chemicals in their products, company commitment to transparency, a willingness to change, and how easily customers can tell what substances are on store items.
With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
But for many families, shopping elsewhere isn’t an option. Dollar stores are often the only retailers selling essential household goods, including food, in many rural towns and urban neighborhoods, leaving customers with nowhere else to go. Dollar stores are frequently located in communities that already face multiple health and environmental risk factors, such as industrial pollution from factories or deteriorated drinking water. This means a family’s exposure to chemicals via items purchased at dollar stores is part of accumulated exposures.
Dollar stores’ leadership has been aware for over a decade that their products contain lead, BPA, phthalates, and PFAS, jeopardizing customer health. During this time, environmental justice and public health groups nationwide have advocated for safer products. Investors in these companies have raised concerns directly with management and through shareholder resolutions. Yet, the problem persists. Even this year Dollar Tree knowingly kept lead-contaminated apple sauce on its shelves, putting children in harm’s way. The stores have taken only minimal actions to address a handful of chemicals in some product categories.
To say federal agencies tasked with regulating these products fall short would be an understatement. Many take a “graveyard approach,” acting only after someone has suffered a physical toll. The federal Toxic Substances Control Act is so weak that only a handful of chemicals have ever been restricted, while tens of thousands have been exempted or fast-tracked for approval. With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
With this lack of protective action on the part of state and federal regulators, we urge dollar stores to do the right thing. In 2023, Dollar General's net sales were over $38 billion, and Dollar Tree’s revenues were over $30 billion. They can afford to stop buying products from suppliers that use toxic chemicals and switch to readily available safer alternatives. Mike Creedon, interim chief executive officer for Dollar Tree, claims, “Safety First, Safety Always is the guiding mantra for our store.” But these are only words when there is no action.
Instead, the nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe. Dollar General failed to expand its list of 19 restricted substances. The list does not include PFAS, most phthalates, and many other chemicals known to cause harm. It also applies only to private-label products. Similarly, Dollar Tree has not publicly documented progress on reducing chemicals or plastics of high concern in the last four years and has made no indication of support for the development or sale of safer products.
Competitors, including Walmart, have already made this change. In 2022, the company disclosed that it removed 37 million pounds of phthalates from products in response to consumer demand, with publicly available corporate policies. Similarly, Apple recently received praise for removing harmful chemicals and plastics from its products and even committed to a Full Material Disclosure program which promises manufacturers full transparency on products’ material compositions. These transitions are increasingly mainstream, and dollar stores are falling further and further behind.
Every family has the right to feel safe while shopping, and with the holidays around the corner, this issue is even more important. Dollar stores should transparently report on their progress and work with their suppliers to prevent all known dangerous chemicals from being used to make products sold in stores. Until this happens, dollar stores are putting already vulnerable communities at risk. Safe alternatives exist, and the transition to non-toxic products is both feasible and cost-effective in the long run. Dollar stores must stop prioritizing profit over families. We refuse to be sacrificed for the bottom line.
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EPA Announces 'Long-Overdue' Asbestos Ban
"Today's EPA rule to ban the use of chrysotile asbestos is a groundbreaking, landmark protection," said AFL-CIO president Liz Shuler. "Unions have been sounding the alarm on this dangerous substance for decades."
Mar 18, 2024
Labor and environmental advocates on Monday applauded the Environmental Protection Agency for finalizing a ban on the last remaining type of asbestos used in the United States eight years after Congress amended the nation's chemical safety law to accelerate the phaseout of the carcinogenic substance.
The EPA announced a final rule to prohibit ongoing uses of chrysotile asbestos, which is found in a wide range of products including asbestos diaphragms, sheet gaskets, brake blocks, and aftermarket automotive brakes and linings. In a rare display of election-year bipartisanship, Congress voted nearly unanimously in 2016 to amend the Toxic Substances Control Act to update and strengthen the nation's chemical safety laws.
"Today's rule is a positive first step to give all Americans a future free of exposure to asbestos—a carcinogen that has killed far too many."
Asbestos exposure can cause mesothelioma as well as laryngeal, lung, and ovarian cancer. Banned in more than 50 countries, the substance is linked to more than 40,000 U.S. deaths each year.
"The science is clear—asbestos is a known carcinogen that has severe impacts on public health," said EPA Administrator Michael Regan. "President [Joe] Biden understands that this concern has spanned generations and impacted the lives of countless people. That's why EPA is so proud to finalize this long-needed ban on ongoing uses of asbestos."
The Congressional Progressive Caucus said on social media that "this new asbestos ban is long-overdue and will save thousands of lives."
U.S. Sen. Jeff Merkley (D-Ore.) said in a statement that "today's rule is a positive first step to give all Americans a future free of exposure to asbestos—a carcinogen that has killed far too many."
"An immediate ban on the import of chrysotile asbestos for the chlor-alkali industry is a long-overdue step forward for public health," he added.
Liz Shuler, president of the AFL-CIO union, hailed the EPA's "groundbreaking, landmark protection," adding that "unions have been sounding the alarm on this dangerous substance for decades."
Green groups echoed labor unions in welcoming the EPA move. Environmental Working Group senior vice president Scott Faber said that "it's been more than 50 years since EPA first sought to ban some uses of asbestos and we're closer than ever to finishing the job."
"For too long, polluters have been allowed to make, use, and release toxins like asbestos and PFAS without regard for our health," Faber added, referring to per- and polyfluoroalkyl substances, commonly called forever chemicals. "Thanks to the leadership of the Biden EPA, those days are finally over."
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Lawsuit Accuses EPA of Hiding Critical Data About Harms of 'Forever Chemicals'
"By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities," said one plaintiff's attorney.
Feb 15, 2024
A federal lawsuit filed Thursday by a pair of environmental advocacy groups accuses the U.S. Environmental Protection Agency of "wrongfully withholding test data and other vital information" regarding the presence of so-called "forever chemicals" in millions of fluorinated plastic containers.
The lawsuit—filed in the U.S. District Court in Washington, D.C. by Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH)—argues that the EPA is violating Toxic Substances Control Act (TSCA) disclosure requirements by improperly classifying health and safety data as trade secrets.
Referring to per- and polyfluoroalkyl substances—commonly known as forever chemicals because they do not biodegrade and accumulate in the human body—the suit also accuses the EPA of "denying the public access to the results of testing showing the levels of PFAS in fluorinated plastic containers and their contents along with the identities of the products in which these toxic materials are present."
PEER and CEH said that after they filed a Freedom of Information Act request "for documents shedding light on the health risks associated with PFAS in fluorinated containers," the EPA granted trade secret protection sought by Inhance Technologies, LLC.
Fluorination involves the high-temperature application of fluorine gas to plastic containers to make them more resistant to discoloration and permeation by solvents.
As PEER explained:
PFAS chemicals are formed during the fluorination of high-density polyethylene plastic containers by Inhance Technologies, LLC of Houston, Texas. Inhance is the sole U.S. company conducting this type of fluorination. Studies by EPA, independent researchers, and Inhance itself show that PFAS leaches from the walls of containers into their contents, thus exposing millions of people to PFAS without their knowledge...
Inhance fluorinates 200 million containers a year which are used to package diverse products ranging from fuels to foodstuffs, cosmetics, and cleaning products which consumers and workers use on a daily basis.
"EPA has found that these containers constitute a public health threat, a long-awaited determination that also should encompass the public's right to know," CEH counsel Bob Sussman, who is also a former senior EPA official, said in a statement announcing the new lawsuit.
Used in a broad range of products from clothing to nonstick cookware to firefighting foam, PFAS is linked to cancers of the kidneys and testicles, low infant weight, suppressed immune function, and other adverse health effects. It is found in the blood of 99% of Americans and a similar percentage of people around the world.
"Given the unquestionably major public health stakes, EPA should be stepping up and maximizing access to health and safety data, but the agency is disclosing vital information only grudgingly and with lingering secrecy even though disclosure is mandated by TSCA," Sussman lamented.
Colleen Teubner, PEER's litigation and policy attorney, asserted that "the cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing."
"By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities," she added.
The new lawsuit follows a December 2022 court filing by PEER and CEH seeking to stop Inhance from generating forever chemicals during the manufacture of plastic containers.
Thousands of PFAS-related lawsuits have been launched in U.S. courts over recent decades.
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