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Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

ELR Citation: 43 ELR 20067
Nos. 11-422, (2d Cir., 03/15/2013)

The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap. As to triclosan, standing may be based on exposure to a potentially dangerous product, and the group's evidence establishes that triclosan is potentially dangerous and that at least one of its members is frequently exposed to triclosan-containing soap. But the group presented no evidence of members' direct exposure to triclocarban, and instead relied on evidence that the proliferation of triclocarban may contribute to the development of antibiotic-resistant bacteria. This evidence is insufficiently particular to support Article III standing.