News & Analysis as of

Manufacturers Consumer Product Companies

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern

First effective in 2024, the Act bans the sale or distribution of various products that contain intentionally added PFAS chemicals. On January 1, 2026, as part of the product phase-out timeline, the new law bans the sale or...more

Husch Blackwell LLP

Massachusetts Talc Trial Results in $8M Plaintiff Verdict

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In June 2025, a Suffolk County, Massachusetts jury delivered an $8 million verdict in Janice Paluzzi v. Johnson & Johnson (21-2109). The jury allocated $5 million for past pain and suffering and $3 million for future pain and...more

BCLP

Minnesota Delays PFAS Reporting Deadline Six Months to July 1, 2026

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On July 23, 2025, the Minnesota Pollution Control Agency (MPCA) announced that it will allow manufacturers an additional six months to report required PFAS information, extending the original January 1, 2026, deadline to July...more

Farella Braun + Martel LLP

The Proposition 65 Compliance Deadline for Vinyl Acetate is Fast Approaching

Starting on Jan. 3, 2026, warning requirements for vinyl acetate can be enforced under California’s Proposition 65, which is commonly referred to as “Prop 65.” The California agency charged with implementing Prop 65, the...more

Dorsey & Whitney LLP

New EU Packaging Rules Impact Manufacturers

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The Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40), the European Union’s new regulation concerning the packaging of products placed on the European market (PPWR), came into force on 11 February 2025....more

Bergeson & Campbell, P.C.

WDOE Proposes to Regulate PFAS in Certain Consumer Products

The Washington Department of Ecology (WDOE) issued a proposed rule on June 4, 2025, that would regulate per- and polyfluoroalkyl substances (PFAS) in certain consumer products. Beginning January 1, 2027, the proposed rule...more

BakerHostetler

Just What the Doctor Ordered: NAD Clarifies When a Doctor Endorsement Is a Puff vs. a Claim

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We love endorsement cases, and we love puffery cases. NAD recently gave us two in one, looking at a claim for TheraBreath mouthwash made by the brand’s founder, Dr. Harold Katz: “It’s a better mouthwash....more

Bergeson & Campbell, P.C.

When States Step In: PFAS Policy Innovation or Fragmentation?

Per- and polyfluoroalkyl substances (PFAS) remain a top concern for regulators and the public alike. While federal regulators continue to lay the groundwork for a comprehensive response, including through the PFAS Strategic...more

Foster Garvey PC

Non-Compliance with Oregon’s Extended Producer Responsibility Law May Result in Penalties of $25,000 per Day

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Under Oregon’s Extended Producer Responsibility (EPR) law, the deadline for producers of consumer packaging, paper and food serviceware to register and report their production of such materials to the Circular Action Alliance...more

Bergeson & Campbell, P.C.

[Webinar] PFAS Updates: What’s Happening in the U.S. and EU - May 13th, 11:00 am - 12:00 pm EDT

Register now to join The Acta Group (Acta®) and EPPA for “PFAS Updates: What’s Happening in the U.S. and EU,” a complimentary webinar offering expert updates on per- and polyfluoroalkyl substances (PFAS) regulatory...more

Kelley Drye & Warren LLP

NAD Decision Addresses Torture Tests

Rascals advertises that the Hydrolock Core in its diapers ​“holds up to 25 x its weight” and ​“absorbs 15 x its weight.” P&G thought that claim was full of crap and filed a challenge before the NAD, arguing that Rascals...more

Farella Braun + Martel LLP

California Legislation Banning Wide Range of PFAS-Containing Products (SB 682) Moves Forward in Senate Committees

The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more

Goldberg Segalla

California Bill Expands Definition of ‘Intentionally Added PFAS’

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Our blog has reported previously on California PFAS regulations, including its watershed laws with novel definitions of PFAS and the noted problems with the total organic fluorine testing method. (Prior CA blog posts on...more

BakerHostetler

Reading the Tea Leaves: What’s Next for ‘Made in the USA’ Claims?

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A recent jury decision in Banks et al. v. R.C. Bigelow, Inc., et al., Case No. 2:20-cv-06208, in the Central District of California may serve to embolden more consumer class action filings in the Golden State over domestic...more

BCLP

New Mexico Bans Certain PFAS in Consumer Products

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On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more

MG+M The Law Firm

New Mexico Acts on PFAS: Governor Signs Bills to Shift Remediation Costs and Ban Toxic Chemicals

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On April 8, 2025, New Mexico Governor Michelle Lujan Grisham signed and thereby enacted House Bill 140 and House Bill 212, which are designed to address per- and polyfluoroalkyl substances (PFAS) contamination across New...more

BCLP

PFAS in Consumer Products: State-by-state Regulations - Updated March 2025

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Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more

ArentFox Schiff

Prop 65 Roundup - March 2025

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Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Pillsbury - PFAS Observer

Maryland Files PFAS Suit Against Downstream Manufacturer

Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

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1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

American Conference Institute (ACI)

[Event] 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products - March 27th - 28th, New York,...

Attend ACI’s 12th Annual Legal, Regulatory, and Compliance Forum on Cosmetics and Personal Care Products to stay ahead of the latest environmental and sustainability developments impacting cosmetics and personal care products...more

Morrison & Foerster LLP

CPSC Warns Consumers to Stop Using Sport Nets

On December 19, 2024, the Consumer Product Safety Commission (CPSC) unilaterally issued a warning to consumers to stop using Sport Nets 4’ x 8’ portable soccer goals. According to CPSC, an exposed metal tip at the top of the...more

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

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The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

Clark Hill PLC

Red Dye No 3: Old Data Induces New Ban

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On January 16, 2025 the federal Food and Drug Administration (FDA) issued notice requiring manufacturers to reformulate their products removing Red Dye No. 3 by January 15, 2027 for food (21 CFR §74.303) and January 18, 2028...more

Bricker Graydon LLP

[Webinar] Fast Facts, Big Impacts: The Manufacturing Lightning Round - January 16th, 9:00 am - 11:45 am ET

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Join Bricker Graydon attorneys and distinguished experts as we cover a myriad of topics in a 2-hour, rapid-fire format webinar designed to provide you with valuable information that you can put to immediate use. See the...more

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