EU Ban On Deca-BDE May Have Wide Effects

Law360, New York (October 31, 2008, 12:00 AM EDT) -- As of July 1, deca-BDE flame retardants are prohibited from new electrical and electronic equipment sold on the European Union market. The prohibition follows the European Court of Justice’s (ECJ) decision that annulled (i.e., voided) an exemption for deca-BDE (decabromodiphenyl ether) under the EU’s Restriction of Hazardous Substances (RoHS) Directive.

While underscoring a global trend away from the use of deca-BDE, the decision also provides some insight into the judicial scrutiny of environmental legislation in the EU.

Although the RoHS Directive restricts the use in certain...
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