ILMA Compoundings July 2017 - 37

WASHINGTON LANDSCAPE
Issues with International Agency for
Research on Cancer - ILMA Interjects
By Daniel Bryant

D

uring the Metalworking Fluid
(MWF) Committee meeting
at the 2017 Management
Forum, one of the topics discussed
was the American Chemistry Council's
(ACC) initiative to prompt reforms of
the International Agency for Research
on Cancer (IARC) - the specialized
cancer agency of the World Health
Organization.
Earlier this year, ACC launched its
"Campaign for Accuracy in Public
Health Research" to promote "credible,
unbiased and transparent science as the
basis for public-policy decisions."
ACC is specifically concerned with
how IARC operates its Monographs
Program, contending it is plagued
with process and scientific defects that
ultimately lead to public confusion
and ill-informed policy decisions.
ACC says that IARC's approach is
fatally flawed, in part, because it
only considers a substance's hazard and whether a chemical could
cause cancer in humans at any level
or under any circumstances rather
than focusing on real-life risks and
exposure levels. IARC, through its
Monographs Program, has assessed
nearly 1,000 substances since 1971,
and has determined only once that a
substance was "probably not" likely to
cause cancer in humans, while the rest
of the substances were identified by
the agency as a possible, probable or
certain carcinogen.1
IARC's conclusions can have significant ramifications for U.S. policy at
the state and federal levels, as regulatory agencies make decisions predicated
upon IARC's determinations.

For example, California's Office of
Environmental Health Hazard Assessment (OEHHA) lists Proposition 65
(Prop 65) chemicals based on IARC
assessments.
An interesting "case study" involves
a popular herbicide - glyphosate2
- used in Monsanto Co.'s Roundup
product. IARC concluded that glyphosate is "probably carcinogenic" to
humans, and based upon that determination, OEHHA began the process to
add the substance to its Prop 65 list.
Monsanto Co. sued in response,
asserting that OEHHA's mechanism
to list glyphosate on Prop 65 violates
the U.S. and California constitutions
by unlawfully delegating its authority
to IARC to ascertain which chemicals
should be added. In doing so, Monsanto contends, OEHHA violated
the due process clause of the U.S. and
California constitutions because there
is not a procedural mechanism in
place to ensure that IARC did not act
in an arbitrary and capricious manner
in its determination.3
Monsanto further argued that
OEHHA's determination was contradictory to the conclusions reached
by the European Chemicals Agency,
the European Food Safety Authority,
Health Canada - Pest Management
Regulatory Agency, the European
Commission and U.S. EPA.
A California state trial judge
ultimately ruled against Monsanto,
holding that California's voters and
Legislature "have established the basic
legislative scheme and made the fundamental policy decision with regard to
listing possible carcinogens under Prop-

osition 65, and then allowed IARC to
make the highly technical fact-finding
decisions with regard to which specific
chemicals would be added to the list."
Monsanto has appealed the decision
to the California appeals court.
As this article goes to print, the appellate court has not issued a decision;
however, if it or another court of competent jurisdiction finds that OEHHA
did unlawfully delegate its authority to
IARC, it could have significant ramifications for the prospective listing of
additional chemicals on California's
Prop 65. For now, the MWF Committee has asked that ILMA become
more involved in ACC's IARC reform
efforts to ensure that appropriate public policy decisions are made.
1 See ACC's website: www.campaignforaccuracy
inpublichealthresearch.com
2 Beyond that substance, IARC previously took
aim at coffee, labeling it as possibly carcinogenic in
1991, but then revised its assessment in 2016 to "not
classifiable as carcinogenic to human beings."
3 Monsanto also asserted other legal challenges.

Bryant serves as regulatory
counsel to ILMA through
Bassman, Mitchell, Alfano &
Leiter Chtd. He may be
reached at 202-386-7670 or dbryant@bmalaw.net.

37


http://ow.ly/cKrV30aPKwQ http://www.campaignforaccuracyinpublichealthresearch.com http://www.campaignforaccuracyinpublichealthresearch.com

ILMA Compoundings July 2017

Table of Contents for the Digital Edition of ILMA Compoundings July 2017

LETTER FROM THE CEO
INSIDE ILMA
WHAT’S COMING UP
INDUSTRY RUNDOWN
In the Know
Market Report
LATIN AMERICA’S LUBRICANT DEMAND
GLIDING INTO THE FUTURE
BUSINESS HUB
COUNSEL COMPOUND
WASHINGTON LANDSCAPE
IN NETWORK
Member Connections
Cross Connections
PORTRAIT
ILMA Compoundings July 2017 - Cover1
ILMA Compoundings July 2017 - Cover2
ILMA Compoundings July 2017 - 1
ILMA Compoundings July 2017 - 2
ILMA Compoundings July 2017 - LETTER FROM THE CEO
ILMA Compoundings July 2017 - INSIDE ILMA
ILMA Compoundings July 2017 - 5
ILMA Compoundings July 2017 - WHAT’S COMING UP
ILMA Compoundings July 2017 - 7
ILMA Compoundings July 2017 - INDUSTRY RUNDOWN
ILMA Compoundings July 2017 - 9
ILMA Compoundings July 2017 - In the Know
ILMA Compoundings July 2017 - 11
ILMA Compoundings July 2017 - Market Report
ILMA Compoundings July 2017 - 13
ILMA Compoundings July 2017 - 14
ILMA Compoundings July 2017 - 15
ILMA Compoundings July 2017 - 16
ILMA Compoundings July 2017 - 17
ILMA Compoundings July 2017 - LATIN AMERICA’S LUBRICANT DEMAND
ILMA Compoundings July 2017 - 19
ILMA Compoundings July 2017 - 20
ILMA Compoundings July 2017 - 21
ILMA Compoundings July 2017 - 22
ILMA Compoundings July 2017 - 23
ILMA Compoundings July 2017 - GLIDING INTO THE FUTURE
ILMA Compoundings July 2017 - 25
ILMA Compoundings July 2017 - 26
ILMA Compoundings July 2017 - 27
ILMA Compoundings July 2017 - 28
ILMA Compoundings July 2017 - 29
ILMA Compoundings July 2017 - BUSINESS HUB
ILMA Compoundings July 2017 - 31
ILMA Compoundings July 2017 - COUNSEL COMPOUND
ILMA Compoundings July 2017 - 33
ILMA Compoundings July 2017 - 34
ILMA Compoundings July 2017 - WASHINGTON LANDSCAPE
ILMA Compoundings July 2017 - 36
ILMA Compoundings July 2017 - 37
ILMA Compoundings July 2017 - Member Connections
ILMA Compoundings July 2017 - 39
ILMA Compoundings July 2017 - Cross Connections
ILMA Compoundings July 2017 - 41
ILMA Compoundings July 2017 - 42
ILMA Compoundings July 2017 - 43
ILMA Compoundings July 2017 - PORTRAIT
ILMA Compoundings July 2017 - Cover3
ILMA Compoundings July 2017 - Cover4
https://www.nxtbook.com/ygsreprints/ILMA/G127535ILMA_vol71_no7
https://www.nxtbook.com/ygsreprints/ILMA/G126213ILMA_vol71_no6
https://www.nxtbook.com/ygsreprints/ILMA/G125546_ILMA_vol71_no5
https://www.nxtbook.com/ygsreprints/ILMA/G124996_ILMA_vol71_no4
https://www.nxtbook.com/ygsreprints/ILMA/G123886_ILMA_vol71_no3
https://www.nxtbook.com/ygsreprints/ILMA/G123315_ILMA_vol71_no2
https://www.nxtbook.com/ygsreprints/ILMA/G122980_ILMA_vol71_no1
https://www.nxtbook.com/ygsreprints/ILMA/G121540_ILMA_vol70_no11
https://www.nxtbook.com/ygsreprints/ILMA/G120882_ILMA_vol70_no10
https://www.nxtbook.com/ygsreprints/ILMA/G120035_ILMA_vol70_no9
https://www.nxtbook.com/ygsreprints/ILMA/G121XXX_ILMA_vol70_no8
https://www.nxtbook.com/ygsreprints/ILMA/G120XXX_ILMA_vol70_no7
https://www.nxtbook.com/ygsreprints/ILMA/G119XXX_ILMA_vol70_no6
https://www.nxtbook.com/ygsreprints/ILMA/G118112_ILMA_vol70_no5
https://www.nxtbook.com/ygsreprints/ILMA/G117382_ILMA_vol70_no4
https://www.nxtbook.com/ygsreprints/ILMA/G116888_ILMA_vol70_no3
https://www.nxtbook.com/ygsreprints/ILMA/G115555_ILMA_vol70_no2
https://www.nxtbook.com/ygsreprints/ILMA/G114774_ILMA_vol70_no1
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no12
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no11
https://www.nxtbook.com/ygsreprints/ILMA/g110500_ILMA_vol69_no10
https://www.nxtbook.com/ygsreprints/ILMA/g109884_ILMA_vol69_no9
https://www.nxtbook.com/ygsreprints/ILMA/g109284_ILMA_vol69_no8
https://www.nxtbook.com/ygsreprints/ILMA/g108494_ILMA_vol69_no7
https://www.nxtbook.com/ygsreprints/ILMA/g107507_ILMA_vol69_no6
https://www.nxtbook.com/ygsreprints/ILMA/g106483_ILMA_vol69_no5
https://www.nxtbook.com/ygsreprints/ILMA/g105803_ILMA_vol69_no4
https://www.nxtbook.com/ygsreprints/ILMA/g104743_ILMA_vol69_no3
https://www.nxtbook.com/ygsreprints/ILMA/g103647_ILMA_vol69_no2
https://www.nxtbook.com/ygsreprints/ILMA/g102869_ILMA_vol69_no1
https://www.nxtbook.com/ygsreprints/ILMA/g101930_ILMA_vol68_no12
https://www.nxtbook.com/ygsreprints/ILMA/g100836_ILMA_vol68_no11
https://www.nxtbook.com/ygsreprints/ILMA/g99200_ILMA_vol68_no10
https://www.nxtbook.com/ygsreprints/ILMA/g98468_ILMA_vol68_no9
https://www.nxtbook.com/ygsreprints/ILMA/g97711_ILMA_vol68_no8
https://www.nxtbook.com/ygsreprints/ILMA/G96767ILMA_vol68_no7
https://www.nxtbook.com/ygsreprints/ILMA/G95397ILMA_vol65_no6
https://www.nxtbook.com/ygsreprints/ILMA/G94323ILMA_vol68_no5
https://www.nxtbook.com/ygsreprints/ILMA/G93127_ILMA_vol69_no4
https://www.nxtbook.com/ygsreprints/ILMA/G91785_ILMA_vol68_no3
https://www.nxtbook.com/ygsreprints/ILMA/G90956_ILMA_vol68_no2
https://www.nxtbook.com/ygsreprints/ILMA/G89146_ILMA_vol68_no1
https://www.nxtbook.com/ygsreprints/ILMA/G87981_ILMA_vol67_no12
https://www.nxtbook.com/ygsreprints/ILMA/G85409_ILMA_vol67_no11
https://www.nxtbook.com/ygsreprints/ILMA/G83595_ILMA_vol67_no10
https://www.nxtbook.com/ygsreprints/ILMA/G81672_ILMA_vol67_no9
https://www.nxtbook.com/ygsreprints/ILMA/G80238_ILMA_vol7_no8
https://www.nxtbook.com/ygsreprints/ILMA/G79388_ILMA_vol7_no7
https://www.nxtbook.com/ygsreprints/ILMA/G78361_ILMA_vol7_no6
https://www.nxtbook.com/ygsreprints/ILMA/G77448_ILMA_vol7_no5
https://www.nxtbook.com/ygsreprints/ILMA/G75899_ILMA_vol67_no4
https://www.nxtbook.com/ygsreprints/ILMA/G75036_ILMA_vol67_no3
https://www.nxtbook.com/ygsreprints/ILMA/G72720_ILMA_vol67_no2
https://www.nxtbook.com/ygsreprints/ILMA/G72220_ILMA_vol67_no1
https://www.nxtbook.com/ygsreprints/ILMA/G70970_ILMA_vol66_no12
https://www.nxtbook.com/ygsreprints/ILMA/G69813_ILMA_vol66_no11
https://www.nxtbook.com/ygsreprints/ILMA/G67522_ILMA_vol66_no10
https://www.nxtbook.com/ygsreprints/ILMA/G66343_ILMA_vol66_no9
https://www.nxtbook.com/ygsreprints/ILMA/G64859_ILMA_vol66_no8
https://www.nxtbookmedia.com