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Hot Topics in International Trade A Year in Review (Quickly)
States are rapidly enacting and implementing bans and reporting requirements for per- and polyfluoroalkyl substances (PFAS) in cosmetics, creating a complex and evolving compliance environment for manufacturers, distributors,...more
FDA Stalls, But States Push to Keep It Clean Congress and FDA lauded the Modernization of Cosmetics Regulation Act (MoCRA), enacted in 2022, as sweeping federal legislation to increase cosmetic safety and quality standards....more
In March 2024, Valisure, an independent quality advocate, filed a citizen petition claiming to have detected elevated levels of benzene in benzoyl peroxide acne treatment products. Valisure’s petition included testing results...more
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
Chemical hair straighteners are popular products sold in stores and hair salons across the United States. But, they are also dangerous. Over the past few years, there have been several reports of these products being linked...more
On June 12, 2024, the U.S. District Court for the Eastern District of California (District Court) issued an Order granting a preliminary injunction brought by the Personal Care Products Council (PCPC), which alleged that the...more
Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more
Hair straightening products have recently been linked to health problems, including uterine cancer. While this is a startling development, it also appears to have been an issue that companies like L’Oréal and Revlon could—and...more
Recently, numerous women have sued hair product companies like Revlon and L’Oréal for selling dangerous chemical hair straighteners. The reason for this is that these hair straightening products have been shown to...more
Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more
In recent years, the topic of per- and polyfluoroalkyl substances (“PFAS”) has become well-known to the general public. State and federal regulators have implemented new regulatory standards for PFAS in groundwater, drinking...more
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
Last quarter, citizen plaintiff groups issued nine hundred twenty-seven (927) total Notices of Violation (“Notices”), which was over one hundred fifty (150) more than the second quarter of 2022. As reported in Downey Brand’s...more
In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more
In March 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued hovered just above two hundred (200) claims in total. Notably, new claims regarding alleged...more
In February 2022, the number of new Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued was approximately two hundred (200) in total. Food and nutritional supplement claims were...more
As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more
In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more
In September 2021, citizen plaintiff groups issued two hundred fifty (250) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged “violators”...more
Last month, citizen plaintiff groups issued over three hundred thirty-five (335) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”). Alleged phthalates in plastic consumer products and components made up the largest...more
July 2021 was a noteworthy month for newly initiated Proposition 65 (“Prop. 65”) claims as reflected in 60-day Notices of Violation (“Notices”). While last month’s total number of Notices (two hundred forty-eight (248)) was...more
In June 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again, and sent over three hundred (300) total Notices. Once again, a large part of this activity related to allegations regarding food...more
In May 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again. More specifically, plaintiff groups filed two hundred ninety-eight (298) Prop. 65 Notices of Violation (“Notices”), which was nearly...more
Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more
In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more