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NAD Finds that Cookware Claims Don’t Stick

Caraway Home sells nonstick cookware that is made with a non-toxic ceramic coating and without ​“forever chemicals” (i.e., per- and polyfluoroalkyl substances (PFAS)). The company advertised that ​“most traditional cookware...more

Minnesota Proposes Rules for Reporting PFAS-Containing Products by January 2026

On April 21, 2025, the Minnesota Pollution Control Agency (“MPCA” or ​“the Agency”) released proposed rules that if finalized would help effectuate the Gopher State’s ban on per- and polyfluoroalkyl substances (“PFAS”) in...more

2025 is Here: Are You Ready for PFAS Reporting?

With 2025 officially underway, companies should be mindful of two key deadlines for submitting mandatory per- and polyfluoroalkyl substances (PFAS) information to North American regulators....more

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more

Minnesota Requests Public Comments by December 19 on Consolidated PFAS Reporting and Fee Rulemaking

The Minnesota Pollution Control Agency (“MPCA” or ​“the Agency”) is requesting comments by December 19 on development of the state’s program for reporting per- and polyfluoroalkyl substances (“PFAS”) in products and the...more

California Adopts Enforcement Criteria and Testing and Registration Requirements for PFAS in Textiles, Juvenile Products and Food...

Recently adopted California legislation (AB 347) aims to fill fundamental gaps in implementation of the state’s restrictions on per- and polyfluoroalkyl substances (“PFAS”) in juvenile products, textile articles, and food...more

Federal Judge: Screening Test Alone Not Sufficient to Support PFAS Class Action

A federal judge in California has rejected a specific screening test for per- and polyfluoroalkyl substances (PFAS) as insufficient alone to support a class action lawsuit involving allegations of PFAS in menstrual products....more

EPA Delays TSCA PFAS Reporting Period Until July 2025

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has announced that it is delaying the reporting period for its controversial per- and polyfluoroalkyl substances (“PFAS”) disclosure rule eight months, with...more

Minnesota Aims for Fall 2025 Release of PFAS Reporting System

As Maine struggles to develop a reporting system in the wake of the legislature’s overhaul of the Pine Tree State’s PFAS reporting requirements, the Minnesota Pollution Control Agency (“MPCA”) announced that it aims to begin...more

Rhode Island Joins the Fray, Banning PFAS in Numerous Consumer Goods; Pennsylvania Readies Bill in House

Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale, and distribution of numerous products (as well as Class B...more

EPA Adds Seven More PFAS “Forever Chemicals” To Toxics Release Inventory Reporting Program

The U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) has finalized the addition of seven per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) program, publishing the final rule in...more

EPA Announces Final Rule Designating Two PFAS as ​“Hazardous Substances” under CERCLA

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more

Maine Dramatically Revamps and Delays PFAS Reporting Rules and Consumer Product Bans

After years of tumultuous and unpredictable regulatory uncertainty, the Maine Legislature has again decided to overhaul the state’s PFAS in Products program, dramatically shrinking the scope of the reporting requirements and...more

PFAS Phase-out Bill Introduced in United States Congress

Supreme Court Justice Louis Brandeis once opined that ​“a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”...more

EPA Announces Final Rule Designating Two PFAS as ​“Hazardous Substances” under CERCLA

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) released details of its highly anticipated rule listing perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), two forms...more

PFAS Grease-Proofing Agents Officially Slip Out of U.S. Market

Rest assured, you can stop worrying about ingesting ​“forever chemicals” when you use fast-food wrappers, microwave popcorn bags, and take-out paperboard containers. Last week, FDA announced here that so-called...more

California Legislation Seeks to Ban PFAS in Consumer Products Effective 2030

California’s extensive regulatory approach to per- and polyfluoroalkyl substances (“PFAS”) is poised to take a dramatic step forward with a proposed ban on the ​“forever chemicals” in most consumer products. Following the...more

EPA Extends RCRA ​“Hazardous Constituents” Proposal to Nine PFAS

On January 31, 2024, the United States Environmental Protection Agency (“EPA” or ​“the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and...more

EPA Rings in 2024 with Addition of Seven PFAS to Toxic Release Inventory

The new year marks the final one of U.S. EPA’s Per- and Polyfluoroalkyl Substances (“PFAS”) Strategic Roadmap, and so it is only fitting that the Agency begins 2024 by adding seven additional PFAS to the Toxic Release...more

Prop 65 Glyphosate Warnings Violate First Amendment Proscription Against Government-Compelled Speech

In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition 65 for potential exposure to glyphosate. The ruling...more

California Fiddles with Prop 65 Short-Form Warnings

Whether Nero actually fiddled while Rome burned is historically questionable, though it was undoubtedly true that the mad emperor focused on the trivial during a time of emergency. California leaves no such room for...more

EPA Requires TRI Reporting of Small Concentrations of PFAS; Expands Supplier Notification for Lead and Other Chemicals of Concern

Earlier today, the U.S. Environmental Protection Agency (“EPA”) finalized elimination of the de minimis exemption for reporting of per- and polyfluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”). EPA is...more

Everything Everywhere All at Once: EPA Reporting Rule Presents Major Challenges for Companies with PFAS-Containing Products

So-called ​“forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”) were barely on the regulatory radar screen a decade ago. Now, much like the most recent Best Picture award winner, PFAS are seemingly ​“Everything...more

With TRI Reports due July 1, EPA Expands List of Reportable PFAS

With the annual July 1 deadline for filing Toxic Release Inventory (“TRI”) reports right around the corner, on June 22nd, the U.S. Environmental Protection Agency (“EPA”) finalized the addition of nine more per- and...more

Draft Model State PFAS Legislation: A More Holistic Approach To Regulating “Forever Chemicals” in Consumer Products

A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by...more

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