The legal failure to prevent subclinical developmental toxicity.

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Subject: [CS-eXchange] The legal failure to prevent subclinical

developmental toxicity.

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http://www.ncbi.nlm.nih.gov/pubmed/18226082?dopt=AbstractPlus

Basic Clin Pharmacol Toxicol. 2008

Feb;102(2):267-73.<http://www.ncbi.nlm.nih.gov/entrez/utils/fref.fcgi?PrId=3046 & \

itool=AbstractPlus-def & uid=18226082 & db=pubmed & url=http://www.blackwell-synergy.c\

om/openurl?genre=article & sid=nlm:pubmed & issn=1742-7835 & date=2008 & volume=102 & issu\

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The legal failure to prevent subclinical developmental toxicity.

*Cranor

C*<http://www.ncbi.nlm.nih.gov/sites/entrez?Db=pubmed & Cmd=Search & Term=%22Cranor%\

20C%22%5BAuthor%5D & itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed\

_RVAbstractPlusDrugs1>

..

Department of Philosophy, University of California, Riverside, CA 92521,

USA. carl.cranor@...

Legal systems appear to function poorly to identify and prevent subclinical

developmental toxic effects in children that can lead to long-term harm. In

the USA, the vast majority of substances enter commerce without any legally

required testing (under so-called 'post-market' laws). In 1984, less than

20% of all substances had been subject to pre-market testing and there has

been little change since. Once substances are suspected of contributing to

harm, an administration agency has the burden to show risks or harms and

their causes, an increasingly difficult demonstration. Post-market laws tend

to produce no data prior to exposures and any protections result after some

harm may have occurred. Pre-market screening laws such as the US Toxic

Substances Control Act provide little data or protection. Pre-market testing

and approval laws, analogous to US drug and pesticide laws, offer better

approaches for identifying and eliminating toxicants before they result in

harm, but do not apply to many products and rarely include concerns for

developmental toxicity. The Registration, Evaluation, Authorization and

Restriction of Chemicals legislation in the European Union has greater

promise for the identification of new or existing toxicants. However, the

potential for serious, subtle subclinical developmental effects provides

reasons to pursue a more precautionary approach to identifying potential

toxicants and forestalling harms. This paper sketches a more robust

precautionary law and a more substantial departure from existing laws that

would treat chemical invasions as trespasses. The scientific community can

assist legal efforts by credibly publicizing the seriousness of subclinical

developmental effects.

PMID: 18226082 [PubMed - in process]