The American Chemistry Council (ACC) has initiated legal action against the Biden administration, specifically the Environmental Protection Agency (EPA) and the National Academies of Sciences, Engineering, and Medicine (NASEM). This lawsuit contests the EPA's 2022 draft assessment of formaldehyde, alleging multiple violations of the Federal Advisory Committee Act (FACA), a law designed to ensure independent peer review processes.

The ACC argues that the EPA exerted undue influence, the review committee lacked technical balance and transparency, and members had conflicts of interest. The organization emphasizes its respect for NASEM but asserts the review process deviated from established legal and scientific standards.

The EPA's draft assessment, released in April 2022, linked even small amounts of inhaled formaldehyde to cancers and other health problems. If finalized, this assessment would mark the first time the EPA officially classifies formaldehyde as a known human carcinogen, potentially leading to increased litigation and stricter regulations for businesses. The ACC contends that formaldehyde is already heavily regulated and safe at current levels, citing its vital role in various products, from medical devices to building materials and electric vehicles.

The ACC points to a 2011 NASEM study that criticized a prior formaldehyde assessment and provided recommendations to the EPA. They also highlight numerous studies published since then supporting the safe use of formaldehyde. Furthermore, the ACC claims the current review process has been tainted by conflicts of interest, including the NASEM study director's previous involvement with the EPA's IRIS program and the formaldehyde assessment itself.

The ACC has called for a fair and balanced review committee, transparent consideration of scientific data, and meaningful public input. They stress the importance of basing regulatory decisions on comprehensive data, arguing the EPA is disregarding existing research in favor of a flawed assessment. The ACC warns that a crackdown on formaldehyde usage could have significant economic consequences, potentially costing nearly a million jobs and billions in payroll.