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PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,...more

California's Microplastics Proposal: Impacts on the Consumer Products Supply Chain: The Proposed Listing of Microplastics Reflects...

California's Department of Toxic Substances Control (DTSC) has proposed listing microplastics on its "Candidate Chemicals List" under the Safer Consumer Products (SCP) Program, a regulatory framework designed to reduce toxic...more

TSCA Roundup: Existing Chemical Regulation Under the Second Trump Administration's EPA

The U.S. Environmental Protection Agency (EPA) under the second Trump Administration has begun to shift the Biden Administration's policies related to the review of existing chemicals under Section 6 of the Toxic Substances...more

PFAS Designation Rule Will Impact Operational Compliance, Enforcement, Litigation and Policy

Although the U.S. Environmental Protection Agency (EPA) proposed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the federal Superfund law (PFAS Designation Rule) in September...more

EPA Issues a Final Revised Risk Determination for 1,4-Dioxane

The U.S. Environmental Protection Agency (EPA) concluded its risk evaluation of 1,4-Dioxane under the Toxic Substances Control Act (TSCA) and issued a Notice of Availability of its Final Supplement to the Risk Evaluation and...more

A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline

While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and...more

2024 Midyear PFAS Regulatory Update: Final Rules Recently Issued by EPA and What's to Come

Just past the halfway point of 2024, it's already been a busy year for those following regulatory developments related to per- and polyfluoroalkyl substances (PFAS). Building on its plans in the 2021 PFAS Strategic Road Map...more

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

EPA Designates 2 PFAS Compounds as Hazardous Substances

The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

FDA Ramps Up Actions on PFAS

With the completion of the voluntary phaseout of one form of short-chain per- and polyfluoroalkyl substances (PFAS) as a grease-proofing agent, the U.S. Food and Drug Administration (FDA) has rejected the view that...more

EPA Proposes RCRA Corrective Action Expansions Targeting PFAS

The 1984 Hazardous and Solid Waste Amendments amended the Resource Conservation and Recovery Act (RCRA) to add the following sections requiring corrective action for releases of hazardous waste or hazardous constituents ...more

PFAS in Products: 2024 Is Off to a Busy Start in Many States

2024 is off to a busy start for folks following state laws related to per- and polyfluoroalkyl substances (PFAS) in products. Multiple states have passed legislation impacting product manufacturers and retailers. Maine and...more

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

EPA Takes Action Against Inhance Technologies LLC on Fluorinated HDPE Containers

Since publishing an alert on U.S. Food and Drug Administration (FDA) efforts surrounding per- and polyfluoroalkyl substances (PFAS) in food packaging, Holland & Knight has monitored developments related to fluorinated and...more

Continuing an Annual Tradition, the NDAA Contains PFAS Provisions of Note

The 2024 National Defense Authorization Act (NDAA) (H.R. 2670), which authorizes expenditures for the U.S. Department of Defense (DOD or Department), passed the House of Representatives on Dec. 14, 2023, and is headed to...more

EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more

Preparing for the Legal Effects of PFAS Legislation and Litigation on Your Business

Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more

FDA, PFAS and Food Packaging: More to Come?

The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more

Minnesota Joins Maine in Enacting Comprehensive PFAS Reporting Requirements

Minnesota is competing with Maine to have the most rigorous regulations for per- and polyfluoroalkyl substances (PFAS). Minnesota Gov. Tim Walz signed HF 2310 into law on May 24, 2023. Similar to Maine's PFAS requirements,...more

PFAS Food Packaging Regulations Boil Over: Time to Develop a Compliance Plan

Forever chemicals are about to be forever regulated. With the most recent ban on per- or polyfluoroalkyl substances (PFAS) in food packaging set to go in effect in Vermont on July 1, 2023, this Holland & Knight alert focuses...more

EPA's Latest CERCLA Action on PFAS

The U.S. Environmental Protection Agency (EPA) on April 12, 2023, released an Advance Notice of Proposed Rulemaking (ANPRM) seeking public input and data to assist in the consideration of potential development of future...more

EPA Publishes Proposed PFAS Drinking Water Regulation

The U.S. Environmental Protection Agency (EPA) on March 29, 2023, published in the Federal Register its long-awaited proposal to regulate per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA)...more

Year in Review: 2022 PFAS Regulatory Updates

The U.S. Environmental Protection Agency (EPA) in 2022 advanced many of its regulatory priorities laid out in its October 2021 PFAS Strategic Roadmap across multiple regulatory programs. Below are some of the highlights, many...more

EPA Issues Health Advisories for PFOA PFOS GenX Chemicals and PFBS

The U.S. Environmental Protection Agency (EPA) issued four lifetime health advisories1 for several per- and polyfluroroalkyl substances (PFAS) on June 15, 2022. Health advisories issued for two contaminants – perflurooctanoic...more

PFAS in Plastic Pesticide Containers: Latest Update

The U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry (manufacturers, processors, distributors, users and so-called disposers of fluorinated polyolefin containers)...more

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