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ALERT UPDATE: The EPA has published a final human chemical testing rule here. Unfortunately, the agency did little to respond to the tens of thousands of citizens opposed to the loopholes in the original proposed rule. The EPA responds to the comments by moving the problematic sections of the proposed document (see below) to other parts of the document. One aspect of the final rule that is positive is that the EPA further articulates that the rule bans all intentional dosing.

Still, the rule has many loopholes (see below) regarding "observational dosing." Observational dosing can have its benefits when conducted via legitmate methods. But, historically, that has not been the practice of chemical companies seeking to weaken regulations on their products by testing on humans.

As an example, the CHEERS study, which was finally dropped by the EPA in early 2005, would have been an "observational study" on low income minorities in Florida. Unfortunately, the study's constructs were such that it could motivate study participants to expose themselves and their children to higher levels of pesticides and chemicals because of the study payout. The same holds true for the current rule, wherein orphanages and institutions housing mentally handicapped children could receive payout to increase everyday chemical use, prior to applying for a payout study. Of course, the EPA does not condone such behavior, but the new rule also does not disallow it, nor does it set up any sort of detailed criteria that would allow the agency or a review board to assess studies on this level.

At this point, the rule is published and official. We, at the OCA, are dissappointed in the EPA for not focusing more on creating stringent standards for observational studies.

It should be noted that this rule doesn't weaken current chemical testing regulations. The problem here is that it does not strengthen regulations, as mandated by Congress in 2005.

The OCA will continue to assemble a body of supporting documentation, as well as Congress and citizen supporters to create more stringent human chemical testing regulations in the coming weeks and months.