Tag Archives: Dietram Scheufele

When is a nano-enabled product not nano-enabled?

Dietram Scheufele over at nanopublic has highlighted some research that David Berube (author of Nanohype—book and blog and professor at the University of North Carolina) and colleagues have published in Nanotechnology Law & Business (research article is behind a paywall). From Dietram’s July 3, 2010 blog posting (I’m unable to link to the specific post, so please scroll to or hunt for the date) about Berube’s research into the Project on Emerging Nanotechnologies’ (PEN) Consumer Products Inventory (CPI),

The article takes a critical look at the Project on Emerging Nanotechnologies (PEN) consumer product inventory. The inventory has been used widely as a gauge of the number and types of nano consumer products currently on the U.S. market.

… [the authors concluded]

“that the CPI is not wholly reliable, and does not have sufficient validity to justify its prominence as evidence for claims associated with the pervasiveness of nanotechnology on the U.S. and global markets. In addition, we caution researchers to approach the CPI with care and due consideration because using the CPI as a rhetorical flourish to amplify concerns about market intrusions seems unjustified.”

In other words, use the CPI with care. Unfortunately, I haven’t been able to read Berube’s paper but I did go to the Project on Emerging Nanotechnologies website and looked at the criteria for inclusion in the CPI where PEN clearly states the inventory’s limitations,

Selection of products

Most products in this inventory satisfy three criteria:

1. They can be readily purchased by consumers, and

2. They are identified as nano-based by the manufacturer OR another source, and

3. The nano-based claims for the product appear reasonable.

In every instance, we have tried to identify specific products from specific producers. However, since nanotechnology has broad applications in a variety of fields, we have included a number of “generic” products that you can find in many places on the market such as computer processor chips. These are clearly labeled in the inventory. In some cases, companies offer several similar nanotechnology-based products and product lines. To reduce redundancy, we have just included a few samples in this inventory and hope that they will provide an initial baseline for understanding how nanotechnology is being commercialized.

There are probably some products in the inventory which producers allege are “nano,” but which may not be. We have made no attempt to verify manufacturer claims about the use of nanotechnology in these products, nor have we conducted any independent testing of the products. We have tried to avoid including products that clearly do not use nanotechnology, but some have undoubtedly slipped through.

Finally, some products are marked “Archive” to indicate that their availability can no longer be ascertained. When these products were added to the inventory we included live links, but since then the company may have discontinued the product, gone out of business, removed a self-identifying “nano” claim or simply changed their web address. In these instances we have attempted to locate a cached version of the product website using The Internet Archive.

I imagine that despite PEN’s clearly statements some folks have referenced it carelessly hence the concern about using it as hype from Berube and his colleagues.

The bit about manufacturers removing the ‘nano’ claim hit home since I did some research into washers that use nanosilver. A friend was disturbed by a recent article about them and I remembered that the US EPA (Environmental Protection Agency) had made a special designation for these types of washers. As it turns out, I got it 1/2 right. From the December 4, 2006 article by Susan Morissey in Chemical and Engineering News,

Silver—claimed to be nanoparticles—employed to kill bacteria in washing machines will now be regulated as a pesticide, EPA announced late last month. Currently, washers that generate silver ions are classified as devices and are not required to be registered with EPA.

The products at issue are Samsung washing machines that are advertised as using silver ions to kill 99.9% of odor-causing bacteria. This technology, called SilverCare, generates ions by applying current to two silver plates housed next to the machine’s tub. The ions are then directed into the tub during the wash cycle.

“EPA has determined that the Samsung silver ion-generating washing machine is subject to registration requirements under the Federal Insecticide, Fungicide & Rodenticide Act,” according to an EPA statement. The agency decided to change the classification of the washer because it releases silver ions into the laundry “for the purpose of killing microbial pests,” the statement explains.

For its part, Samsung has pledged to comply with the change of policy. “Samsung has and will continue to work with EPA and state regulators regarding regulation of the silver washing machine,” the company says.

Several groups concerned about the environmental impact of nanoparticles of silver had asked EPA to reevaluate the way products containing such materials are regulated. For example, environmental group Natural Resources Defense Council (NRDC) noted in a letter to EPA that there are currently more than 40 products on the market in addition to Samsung’s washing machine that have made or implied claims of using nanoparticles of silver to kill bacteria.

NRDC praised EPA for taking what it called a “step in the right direction” by reclassifying nanosilver generated in a washer as a pesticide. The group also said this revised policy should lead to EPA reassessing other products that use nanoparticles of silver for their biocidal qualities.

A pesticide is not exactly a special designation but it certainly is unique as applied to clothes washers. The EPA announcement was made around the US Thanksgiving period (late November) according to a December 6, 2006 article by Scott E. Rickert in Industry Week. From Rickert’s article,

First, let’s backtrack and get the facts behind the headline. The trigger for the EPA decision was a Samsung washing machine. The “SilverWash” contains silver nanoparticles and claims that it helps to kill bacteria in clothes by releasing silver ions into the water during the wash.

Various U.S water authorities became concerned that discharged nanosilver might accumulate in the water system, particularly in wastewater treatment plants where beneficial bacteria are used to purify water of its toxins. This opinion means that nanosilver could be viewed as an environmental pesticide, requiring the product to be registered and tested under the Federal Insecticide, Fungicide and Rodenticide Act. In the words of EPA spokesperson Jennifer Wood, “The release of silver ions in the washing machines is a pesticide, because it is a substance released into the laundry for the purpose of killing pests.”

So what does this really mean to nano-industry? Specifically, we’re not sure yet. It will take several months for the final rules to be detailed in the Federal Register. But some of the early responses have me scratching my head.

One company has removed any reference to nanosilver from their marketing information for antimicrobial devices. Apparently, in the short run, that excludes them from any ruling. As Jim Jones, director of the EPA’s Office of Pesticide Programs, said, “Unless you’re making a claim to kill a pest, you’re not a pesticide.”

This is not a simple ‘good guy vs. bad guy’ situation. Defining nanotechnology, nanoparticles, nanomaterials, etc. is a work in progress which makes attempts to regulate products and production in this area an even earlier work in progress. This situation is not confined to the US or to Canada. In fact, it doesn’t seem to be confined to any one country, which makes the situation applicable globally.

There is work being done and changes instituted, for example, the EPA has announced (from the PEN website),

At an April 29 presentation to the Pesticide Programs Dialogue Committee in Washington, D.C. EPA’s William Jordan announced a new working definition of nanomaterials as “an ingredient that contains particles that have been intentionally produced to have at least one dimension that measures between approximately 1 and 100 nanometers.” In addition EPA is preparing a Federal Register Announcement due out in June which announces a new interpretation of FIFRA/regulations and proposes a new policy stating that the presence of a nanoscale material in a pesticide product is reportable under FIFRA section 6(a)(2) and applies to already registered products as well as products pending registration.

As well, statements from the NanoBusiness Alliance suggest (in a previous posting on this blog) that there is some support within the business community for thoughtful regulation. As to what thoughtful means in this context, I think that’s something we, as a a society, need to work out.

Examining communication strategies for nanotechnology and for the BP oil spill

This won’t be a very long posting as it’s really a pointer to a couple commentaries by Dietram Scheufele (nanosunscreens) and Matthew Nisbet (BP oil spill).

First up Scheufele ( last mentioned here in a posting about Google influencing online searches for information nanotechnology; note: you can find out more about that in an interview with Elizabeth Baum) highlights in his June 17, 2010 posting, a public education/advertising campaign that the US Friends of the Earth (FOE) organization recently kicked off,

The timing is impeccable, of course, keeping alive a news wave started last week by a push from NY Senator Sen. Chuck Schumer to have the Food and Drug Administration looking into a possible link between retinyl palmitate in sun screens and skin cancer in humans.

It’s an interesting observation which suggests a great deal of thought goes into developing campaigns by nongovernmental organizations (aka civil society groups) and by extension other interests such as companies, politicians, governments, etc. You can follow links and read more at Dietram Scheufele’s nanopublic blog.

Here’s another observation about strategy this time by Matthew Nisbett in a his June 14, 2010 posting where he comments on why he thinks the environmental groups are being relatively muted in their response to the BP oil spill in the Gulf of Mexico and how they have responded,

In my own comments quoted in the article [by Josh Gerstein on Politico], I note that environmental groups appear to have adopted a smart strategy, letting the heavy news attention and general emphasis on public accountability do the communication work for them. If environmental groups were to become more open in their criticism of the Administration or too visible in news coverage, they risk alienating the White House and may be criticized by the media and the public for being politically opportunistic. Below are additional thoughts on the article and recent trends:

* As I emphasized to Gerstein, the sound bite of the crisis so far has been James Carville’s “who’s your daddy” comment, a frame device delivered with deep emotion that instantly conveys the emphasis on public accountability that has come to dominate news narratives.

Links and the full posting  are at Nisbett’s blog, Framing Science.

In coming to conclusions and positions of my own, I find it’s helpful to understand the mechanics (yes, there’s luck but there’s also a lot of planning)  behind the messages I receive.

Marketing, safety, and nanotechnology plus there’s another Synthetic Bio event

There’s a new study that suggests that scientists and the general public (in the US) have differing attitudes to nanotechnology. The study conducted by Dietram Scheufele and Elizathe Corley (professors from the University of Wisconsin-Madison and Arizona State University, respectively) shows that scientists are focusing on potential risks and economic values while the public is focusing on potential benefits when asked about regulating nanotechnology. More details about the study and where it’s been published can be found here on Azonano.

This information provides an interesting contrast to a media release about a conference in Brussels (June 10, 2009) where Dr. Andrew Maynard, Chief Science Advisor for the Project on Emerging Nanotechnolgies, expressed concern that companies in Europe are beginning to drop the mention of nanotechnologies on product labels.

“We have seen some companies drop the ‘nano’ claim while continuing to use nanotechnology. This suggests nanotechnology is going underground,” [Maynard]said.

Harald Throne, researcher at the National Institute for Consumer Research in Norway, echoed concerns that companies may be becoming less inclined to highlight nanomaterials.

He searched a website run by a major international cosmetics company, using keywords like ‘nanotechnology’ and ‘nano’, to estimate how many products contain nanotechnology. Throne’s search turned up 29 products in 2007, but when he repeated the same exercise recently, there were zero hits.

This, he said, suggests that companies may now view ‘nano’ as a negative label rather than an added value.

You can read more about it here on the Euractiv website. I couldn’t find the Brussels conference they mention but maybe you’ll have better luck.

These contrasting reports would suggest that attitudes in Europe differ from attitudes in the US where we’re discussing the general public. I make this inference from the fact that companies in Europe are not making the nanotechnology claim and presumably that is because they are concerned about the public’s attitude.  It should be noted that a European industry representative quoted in the media release claims that the problem lies with the difficulty of actually defining a nanomaterial. The representative does have  a point of sorts. Still, I do wonder why companies were able to make the nanotechnology claim in 2007 despite the lack of definitions.

There’s a synthetic biology event coming up this Wednesday, June 24, 2009, 9:30 am. to 10:30 am PST.

When
Wednesday, June 24, 2009, 12:30-1:30 PM (light lunch available at 12 noon)
Who
Erik Parens, Senior Research Scholar, The Hastings Center
Gregory Kaebnick, Research Scholar, The Hastings Center
David Rejeski, Moderator, Director, Synthetic Biology Project
The emerging field of synthetic biology will allow researchers to create biological systems that do not occur naturally as well as to re-engineer existing biological systems to perform novel and beneficial tasks. Synthetic biology promises significant advances in areas such as biofuels, specialty chemicals, agriculture, and medicine but also poses potential risks. As the science and its applications develop, a comprehensive approach to addressing ethical and social issues of emerging technologies as a whole is called for if scarce intellectual resources are to be used optimally, according to a new report authored by Erik Parens, Josephine Johnston, and Jacob Moses of The Hastings Center.
In Ethical Issues in Synthetic Biology: An Overview of the Debates, the authors examine how the ethical issues raised by a variety of emerging technologies are often similar and familiar.  They find that these similarities are abundant enough to justify an effort to develop an ethical framework that cuts across emerging and converging technologies.  Indeed, rather than stovepiping ethical questions into the hyphenated areas of bio-ethics, nano-ethics, neuro-ethics and so on, it is time to begin speaking about the ethics of emerging technologies as a whole.
On June 24, Erik Parens will discuss the report’s findings, exploring the differences between physical and non-physical harms and pro-actionary and pre-cautionary frameworks, in an effort to better define the ethical issues around synthetic biology.  Gregory Kaebnick, also of The Hastings Center, will describe the Center’s new, multi-year project that will examine the ethical issues raised in the report in greater depth.