News & InsightsNewsletterLegislation Hub

Foresight

Foresight
AboutContactBook DemoLog in
Start free trial
Foresight logo
All News & Insights

DSM Nutritional Products GmbH Challenges European Chemicals Agency's Decision

REACH
31
January 2024
•
404
Dr Steven Brennan
The appellant asserts that the eMSCA delivered their assessment later than the regulation requires.
Woman putting cosmetics on her hand
Quick prompts

AI Generated

Get to the point quicker with prompts - a smarter way to get the information you need from our articles.

Summarise this article

AI Assistant

This feature and much more is available on our platform. If you would like early access, please leave your email and we'll get in touch.

We'll be in touch when the Assistant is ready.
Oops! Something went wrong while submitting the form.
Mountains

DSM Nutritional Products GmbH, a German company, has formally appealed against a decision made by the European Chemicals Agency (ECHA) regarding the evaluation of a substance potentially harmful to the environment. The contested decision, dated 10 August 2023, involves the substance evaluation of 1-[4-(1,1-dimethylethyl)phenyl]-3-(4-methoxyphenyl)propane-1,3-dione, a chemical suspected to have persistent, bioaccumulative, and toxic (PBT) or very persistent and very bioaccumulative (vPvB) properties. This chemical was first included in the Community rolling action plan (CoRAP) for evaluation in 2015 due to concerns over consumer use, environmental exposure, high volume, and widespread use.

In 2017, ECHA requested additional information from DSM regarding the substance's impact on the environment, specifically its aerobic mineralization in surface water and potential toxicity to aquatic life. The company complied with this request in 2021, leading the evaluating member state competent authority (eMSCA) to label the substance as potentially PBT.

However, the eMSCA subsequently raised additional concerns regarding the substance's endocrine disrupting properties in the environment, based on new academic research. This led to the contested decision by the ECHA, demanding further information through an amphibian metamorphosis assay by February 2026.

DSM Nutritional Products GmbH is now contesting this decision, arguing that the ECHA breached Article 46(3) and (4) of the REACH Regulation and the company’s legitimate expectations. The appellant asserts that the eMSCA should have completed its assessment within 12 months of receiving the requested information, which would have been by November 2022. However, the draft decision based on the eMSCA's assessment was not issued until 1 December 2022.

Furthermore, the company argues that the Agency's decision to address endocrine disruption concerns based on new information is a breach of Article 46(3) and fails to meet the legitimate expectations set by the initial substance evaluation process. DSM suggests that such decisions should be made under Article 47(1), which would require restarting the evaluation process, including another inclusion of the substance in CoRAP.

DSM also contends that the Agency made an error in assessing the concern related to endocrine disruption by relying on unreliable studies, instead of concluding based on reliable information that there is no remaining concern.

The appeal, received on 9 November 2023, requests the annulment of the contested decision and the refund of the appeal fee. The European Chemicals Agency has not yet publicly responded to the appeal.

Read the source story

DSM Nutritional Products GmbH, a German company, has formally appealed against a decision made by the European Chemicals Agency (ECHA) regarding the evaluation of a substance potentially harmful to the environment. The contested decision, dated 10 August 2023, involves the substance evaluation of 1-[4-(1,1-dimethylethyl)phenyl]-3-(4-methoxyphenyl)propane-1,3-dione, a chemical suspected to have persistent, bioaccumulative, and toxic (PBT) or very persistent and very bioaccumulative (vPvB) properties. This chemical was first included in the Community rolling action plan (CoRAP) for evaluation in 2015 due to concerns over consumer use, environmental exposure, high volume, and widespread use.

Read this article now for free!

You have read 3 articles.
Create a free account
or
Log in
to finish reading this article now.

Subscribe to our weekly digest

Sign up to receive our newsletter every Tuesday and get access to all of our content.

By creating an account, you agree to the Terms of Service and Privacy Policy.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
This is some text inside of a div block.

Trusted by professionals at

Dupont
ECHA - European Chemicals Agency
Energizer
Chemours
This is some text inside of a div block.

Get Foresight Today

Stay compliant, reduce risk, and protect your business with our AI-powered chemical policy monitoring—tailored just for you.

Global monitoring of 1,200+ sources
Expert-reviewed, trusted regulatory alerts
Instant risk identification for 350k+ substances

Ready to supercharge your policy monitoring workflow?

We’ll be in touch soon with more details and support to help you get started.
Oops! Something went wrong while submitting the form.
Share with a friend
Copy link

Related Articles

Automotive IndustryECHA Adds Three Hazardous Chemicals to REACH Candidate List, Triggering New Compliance Duties

June 26, 2025

CosmeticsMSC Confirms SVHC Status for Key Siloxanes

June 20, 2025

Defence weaponsEU Proposes to Expand REACH Defence Exemptions to Accelerate Readiness

June 20, 2025

Foresight regulatory experts
Streamline your chemical compliance
Easy-to-use product compliance management for small and mid-sized manufacturers — mitigate risk and protect market access.
Get started
Subscribe to Foresight's newsletter
Stay ahead with the latest news & insights
Join 1,000s of compliance professionals getting the latest insights right to their inbox for free, every Tuesday.
100% free. No spam. Unsubscribe any time.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Stay ahead with the latest news & insights
Subscribe to our free weekly newsletter covering news, events, and expert insights.

Related articles

Automotive Industry

ECHA Adds Three Hazardous Chemicals to REACH Candidate List, Triggering New Compliance Duties

ECHA adds hazardous chemicals to the REACH Candidate List, introducing new legal duties for manufacturers and suppliers across the EU and EEA.

26

Jun 2025

REACH
Cosmetics

MSC Confirms SVHC Status for Key Siloxanes

MSC identifies new SVHCs under REACH, signalling fresh compliance obligations and risk management needs for chemicals professionals.

20

Jun 2025

REACH
Defence weapons

EU Proposes to Expand REACH Defence Exemptions to Accelerate Readiness

The EU proposes expanded REACH defence exemptions to fast-track chemical regulatory processes vital to defence readiness and industry compliance.

20

Jun 2025

REACH
POPs
CLP
Foresight
Providing critical insights, analysis, and guidance to help businesses anticipate changes, make informed decisions, and stay ahead.
News & Insights
Newsletter
Legislation Hub
Coverage
Contact
About
© 2025 Foresight. All rights reserved.
SitemapTerms of servicePrivacy policyCookie policy