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Some truths transcend politics, one being that chemical data holds enduring value and is becoming increasingly essential. In the United States, regardless of which party federally controls the levers of power, it’s clear that chemical manufacturers and their customers must develop and curate robust data portfolios for their chemical inventories. The commercial imperatives driving this are undeniable and gaining traction.
Data Are Intellectual Property Assets
Data in this context includes health and safety studies, physical property information, environmental fate and transport studies, release and exposure information, and similar information beyond commercial information like financial data, product formulations, and customer lists. A key tenet of the U.S. Environmental Protection Agency’s (EPA) regulatory authority under the Toxic Substances Control Act (TSCA) is the principle that manufacturers and processors are responsible for developing adequate information regarding their chemical products. Like any valuable commodity, data needs to be protected from disclosure and managed carefully to retain its value.
The industrial chemical community has not always been as protective of its health and safety chemical data, unlike their counterparts in the agricultural chemical space. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), data supporting a registered active ingredient or pesticide product and relied upon by the EPA to maintain a registration are, for 15 years, “compensable” when cited or relied upon by third parties to support follow-on FIFRA registrations.
To continue reading this article, which originally appeared in the July 2025 edition of PCB007 Magazine, click here.
