Hilton Head hosts
SATA Fall Meeting
2019-2020 SATA Board (L to R): Allen Price, BBI (Secretary); Olga Vargas, ITW Pro Brands; Ruben Morales, Technical Chemical Co.; Jeff
Colker, PLZ Aeroscience; Elena Badiuzzi, ITW Pro Brands; Lori Parker, Arylessence (Treasurer); Doug Raymond, 3R (President); Matt Morris,
ITW CCE (VP); Irene Bolling, Zep; Jack Finnell, DS Containers (VP); Greg Davenport, Crown Cork & Seal; Ed Freesmeier, Aerofil Technology;
Brad Nash, Aeropres and Brennen Auerbach, ITW Sexton. Not pictured: Ryan Dailey, CyCan Industries (VP); Scott Koerper, Koura Global; Bob
Reynolds, Zep.
The 39th annual Southern Aerosol Technical Association
(SATA) Fall Meeting met in September in Hilton Head,
SC. The meeting offered an array of networking opportunities,
social activities and two days of educational
sessions.
Nicholas Georges, Senior Director, Scientific
& International Affairs, the Household
& Commercial Products Industry
(HCPA), presented “Update on Ingredient
Communication & Other Critical Updates
for the Aerosol Industry.” In October 2018,
the HCPA filed, in conjunction with the
American Cleaning Institute (ACI), against
the New York State Dept. of Environmental
Conservation (NYSDEC). It argued that
NYSDEC exceeded the scope of its authority
and did not follow the State Administration Procedures Act
(SAPA). The decision by the judge arrived on Aug. 27, 2019, and
as it currently stands, the Disclosure Program is null and void, and
the judge has remitted the Program back to NYSDEC in order
to comply with SAPA. NYSDEC could appeal the ruling or go
through the rulemaking process according to SAPA. It could issue
a “Health & Safety Measure” or try for a legislative remedy.
Regarding the Cleaning Product Right to Know Act (SB 258)
in California, the internet/website compliance deadline is Jan. 1,
2020 and the on-pack compliance deadline is Jan. 1, 2021. Federal
Insecticide, Fungicide & Rodenticide Act (FIFRA)-registered products
are online-compliant only; Prop 65 chemicals are not required
to be listed until Jan. 1, 2023. A designated product is a finished
air care product, automotive product, general cleaning product or
a polish or floor maintenance product used primarily for janitorial,
38 Spray December 2019
domestic or institutional cleaning purposes. This includes certain
FIFRA-registered products (such as disinfectants) but excludes U.S.
Food & Drug Administration (FDA) products.
Clifford Zatz, Crowell & Moring LLP,
presented “Anatomy of an Aerosol Product
Liability Lawsuit.” Zatz proposed a scenario
wherein a consumer sues a company, alleging
that its product is negligently designed, defective
and caused personal injury. He used as
his model an aerosol product case he recently
defended in Virginia. He described procedural
steps, key strategy decisions and the role of
technical experts defending a company and its
product. Key takeaways included understanding
a product liability lawsuit; defense and exit
strategies; mediation; creating a narrative for the jury; understanding
liability without fault and how technical expertise helps lawyers,
the judge and the jury. Zatz maintained that the “Discovery”
process (comprised of initial disclosures, interrogatories, requests
for production of documents and requests for admissions) is the
center ring of any product liability lawsuit
circus and that it is difficult to “win early.”
Sean Fitzgerald, CAPCO Chairman,
presented “Mist:Understood Update.” Make
More Magic is a division of the Consumer
Aerosol Products Council (CAPCO), a nonprofit
organization committed to supporting
the aerosol products industry, improving
consumers’ perception of aerosol products
and increasing purchase intent and usage
across the U.S.
Georges
Zatz
Fitzgerald