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The Delayed, but Not Forgotten, Disclosure of PFAS: TSCA Section 8(a)(7) Postponed While States Fill the Gaps

When Congress passed the fiscal year 2020 National Defense Authorization Act (“NDAA”), it included a mandate that the U.S. Environmental Protection Agency (“EPA”) take steps to require all manufacturers, including importers,...more

New State Laws Limiting the Use of PFAS in Consumer Products Continue to Proliferate

Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more

The Differing Regulatory Definitions of PFAS-Containing Products

Consumer product laws regulating per- and polyfluoroalkyl substances (“PFAS”) have proliferated in the United States in the past few years with little consistency....more

Maine Narrows and Delays PFAS Regulation

Overshadowed by the U.S. Environmental Protection Agency’s (EPA) regulation of PFAS under the Safe Drinking Water Act and its designation of PFOS and PFOA as hazardous substances under CERCLA, Maine’s latest revision to its...more

New EPA PFAS Reporting Rule May Pose Challenge for Manufacturers and Importers

On October 11, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7), requiring manufacturers to submit a one-time report to the Agency...more

PFAS Reporting Obligations in 2023: Key Issues and Considerations

In recent months federal and state regulators have proposed or finalized new regulations that require chemical and product manufacturers to disclose the manufacture and use of PFAS (perfluoroalkyl and polyfluoroalkyl...more

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