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Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

California Advances Bill to Ban Most PFAS Uses

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have...more

Five Key Topics for Beverage and Food Companies in 2025

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more

Bans on PFAS in Cookware: Litigation and Legislative Challenges

On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However,...more

Death Knell Sounds for PFAS-Containing Food Packaging Materials

On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances...more

PFAS Plaintiffs May Be Learning From Their Mistakes

As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing...more

Prop 65 Roundup - November 2024

Controversial Prop 65 Warning Labels About Toxic Chemicals are Effective, Study Says - For nearly 40 years, a controversial California law has required companies to place warning labels on their products alerting...more

PFAS Litigation Update: Another Tool in the Defendants’ Toolbox

On October 15, a California federal court handed down a ruling that significantly undermines the so-called “gold standard” of per- and polyfluoroalkyl substances (PFAS) testing relied upon by most plaintiffs in similar types...more

Navigating the PFAS Landscape: Emerging Trends in Litigation

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the...more

9/19/2024  /  Litigation Strategies , PFAS

EPA Pumps the PFAS Brakes by Postponing the Reporting Deadline for Past PFAS Use in Consumer Products by Eight Months

The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more

Manufacturers Fight Back on PFAS Litigation

Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more

The Proposed Costco Class Action Makes Clear That No Product Is Exempt From PFAS Litigation

On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective...more

EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more

California Legislature Aims Two More Nails at the PFAS Coffin

Two bills, quite different in scope but both aiming to further restrict the use or presence of per-and polyfluoroalkyl substances (PFAS) in various products, are currently wending their way through the California legislature....more

Cosmetics and “Forever Chemicals” | ArentFox Schiff

What are PFAS? Per- and polyfluoroalkyl substances (PFAS) are a large family of synthetic organic chemicals containing carbon chains in which most or all of the hydrogen atoms have been replaced by fluorine. There are...more

To Bin or Not to Bin: California Clears Up Questions About Which Products Can Display Recyclability Symbols

For many consumers, comprehending Shakespeare is easier than discerning which products are recyclable and which are not. California’s “Truth in Labeling” law (SB 343), which provides stricter regulations for what products or...more

Prop 65 Roundup - July 2023

CEH Takes Legal Action Against Five Metal Plating Facilities Discharging High Levels of PFAS Chemicals into the Environment in LA County - Cision PR Newswire - LOS ANGELES, June 12, 2023 - Nonprofit organization the...more

Minnesota Legislature Considers PFAS in Products Bill

The Minnesota Legislature is currently considering legislation prohibiting the presence of intentionally added PFAS in a variety of consumer products by 2026 and in all consumer products by 2032....more

Prop 65 Round-Up - February 2023

PFAS-Containing Consumer Products Under Attack in California - Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more

PFAS-Containing Consumer Products Under Attack in California

Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and have served as a hotbed for class action lawsuits, particularly in...more

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