WASHINGTON (November 7, 2013) – The campaign by the Natural Resources Defense Council to remove potentially harmful nanosilver from textiles such as baby blankets scored a significant victory in a ruling today by the 9th U.S. Circuit Court of Appeals.
In a decision handed down today, the court said the EPA had improperly approved the use of nanosilver by one U.S. textile manufacturer. The court vacated the approval and sent it back to the agency for reevaluation. The lawsuit has been closely watched as a test case for the growing use of nanotechnology in consumer products.
“The court’s ruling puts us a step closer toward removing nanosilver from textiles,” said Mae Wu, an attorney in NRDC’s Health Program. “EPA shouldn’t have approved nanosilver in the first place. This is just one of a long line of decisions by the agency treating people and our environment as guinea pigs and laboratories for these untested pesticides.”
NRDC sued the U.S. Environmental Protection Agency in early 2012 to limit the use of nanosilver out of a concern for public health. Today the 9th U.S. Circuit Court of Appeals agreed with a key point NRDC raised: that the EPA didn’t follow its own rules for determining whether the pesticide’s use in products would be safe.
Beginning in December 2011, EPA approved the company HeiQ Materials to sell nanosilver used in fabrics for the next four years and required the company to provide data on toxicity for human health and aquatic organisms. In early 2012, NRDC filed a lawsuit against EPA seeking to block nanosilver’s use, contending, among several points, that the agency had ignored its own rules for determining the safety of nanosilver.
The key part of today’s Ninth Circuit ruling addressed EPA’s determination that there is no risk concern for toddlers exposed to nanosilver-treated textiles. The agency’s rules state that if there’s an aggregate exposure to the skin or through ingestion at or below a specific level, there is a risk of health concerns. But the Ninth Circuit found that the EPA had data showing that nanosilver was right at the level that should have triggered a finding of potential risk, but approved the pesticide anyway. That led to the Ninth Circuit vacating EPA’s approval and sending it back down to the agency for reevaluation.
Silver, a well-recognized antimicrobial, is highly toxic and kills both harmful and beneficial bacteria. Nanosilver is engineered from silver and marketed as an even stronger antimicrobial than silver. Its use in fabrics, food storage containers, hair dryers and other products continues to grow, despite potential dangerous health effects.
For a discussion about potential health concerns of nanosilver, please read a blog by NRDC’s Dr. Jennifer Sass here: http://switchboard.nrdc.org/blogs/jsass/greenscreen_hazard_assessment.html
For the 9th Circuit’s ruling, click here: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/11/07/12-70268.pdf
For more on nanosilver, please read Mae Wu’s blog here: http://switchboard.nrdc.org/blogs/mwu/nanosilver_stinks.html
The Natural Resources Defense Council (NRDC) is an international nonprofit environmental organization with more than 1.4 million members and online activists. Since 1970, our lawyers, scientists, and other environmental specialists have worked to protect the world's natural resources, public health, and the environment. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT, and Beijing. Visit us at www.nrdc.org and follow us on Twitter @NRDC.