(137c) Innovative Approaches to Regulating Marketing of Nanoproducts

The rapid growth of the nanotechnology industry challenges the ability of traditional government regulatory programs to address potential environmental and health impacts of nanomaterials. Instead of relying only on government regulation, industry leaders, non-government organizations and government should work together to create a new accountability system for nanomaterials that could keep pace with the rapidly advancing technologies, foster public confidence in the industry, help avoid adverse environmental and health consequences, and encourage the development of new, beneficial technologies.

The paper will discuss some of the accountability mechanisms that could accomplish these goals including enhanced information disclosure, wider opportunities for public involvement, voluntary government and industry programs, corporate social responsibility programs and the role of liability. To coordinate these various accountability approaches, the paper will suggest the use of a Nanotechnology Governance Council that includes a range of parties interested in nanotechnology. This paper will be based, in part, on a longer article published in the the Environmental Law Reporter in December 2006.