Nano Disclosures: Too Small to Matter or Too Big to Ignore? - NR&E | Winter 2011
The presence of intentionally produced nanoscale materials raises interesting and generally unanswered questions regarding the obligation to disclose the presence of these materials. Federal agencies, including the U.S. Environmental Protection Agency and the Securities and Exchange Commission, have widely disparate interpretations of what type of information is reportable and when. This article explores the scope of these reporting obligations, identifies the lack of clarity as to what does and does not trigger reporting, and discusses the legal and policy considerations associated with resolving these matters.