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5C - Comprehension Asymmetries in Chemical Regulation

from Part II - Application

Published online by Cambridge University Press:  21 June 2019

Wendy Wagner
Affiliation:
University of Texas School of Law
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Summary

Ignorance about chemical risks has been a signature feature of U.S. chemical regulation for nearly half a century. One of the primary reasons for this comes from our regulatory design, which fails to place responsibility on chemical manufacturers to understand and clearly communicate the risks of their chemical products. Instead, this burden is placed on time- and resource-strapped regulators and consumers. To make matters worse, manufacturers face substantial tort liabilities that further discourage them from rigorously assessing the risks of their chemical products, particularly if those assessments have a chance of revealing potential harms. The chapter closes with proposals for reform.

Type
Chapter
Information
Incomprehensible!
A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
, pp. 130 - 157
Publisher: Cambridge University Press
Print publication year: 2019

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