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Consumer Protection Laws Toxic Chemicals Manufacturers

Kilpatrick

PFAS “forever chemical” cases: allegations dependent on testing must plausibly support theory of liability

Kilpatrick on

Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more

DLA Piper

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

DLA Piper on

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure...more

Holland & Knight LLP

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

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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

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern - June 2025

California microplastics case dismissed, MAHA Commission releases its report, federal PFAS priorities change, IARC classifies automotive gasoline, and more....more

Goldberg Segalla

Colorado Bans Sale and Distribution of Products Containing PFAS

Goldberg Segalla on

As regularly reported by the Environmental Law Monitor, state legislatures have increasingly been taking action independent of federal government regulation to address the significant challenge of eliminating per- and...more

Fox Rothschild LLP

New Mexico Enacts Sweeping Statute Phasing in Restrictions on PFAS in Products, Contemplating “Currently Unavoidable Use”...

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In early April 2025, New Mexico enacted a statute restricting intentionally added PFAS in products, similar in scope to Maine’s and Minnesota’s existing laws. The New Mexico statute imposes a ban on sales and distribution...more

MG+M The Law Firm

Rhode Island Joins Growing State Effort to Ban PFAS in Consumer Products

MG+M The Law Firm on

Rhode Island recently passed the Consumer PFAS Ban Act of 2024, which will ban the manufacture, use and distribution of certain products with intentionally added PFAS starting January 1, 2027. The Act further states “[i]t is...more

Steptoe & Johnson PLLC

PFAS Lawsuits Involve Apple Watch Bands, Samsung Galaxy Watch Bands, and Hershey's Chocolate Wrappers

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Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its...more

Buchalter

Proposition 65 Warning Regulations Revised, Including Widely-Used Short-Form Warning

Buchalter on

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more

Sheppard Mullin Richter & Hampton LLP

Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings

Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more

Morrison & Foerster LLP

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

Harris Beach Murtha PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

ArentFox Schiff

Manufacturers Fight Back on PFAS Litigation

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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

Pillsbury Winthrop Shaw Pittman LLP

Effective January 1, 2023, Numerous States Begin to Impose Notification Requirements and Prohibitions on Products Containing...

Multiple states have enacted laws that impose prohibitions or notification obligations on the commercial distribution of PFAS-containing products, with requirements under the laws of three states (California, Maine and New...more

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