The California Senate recently passed a bill, SB 682, that would essentially eliminate the use of per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in food packaging within the state, as of January...more
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
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
Key Takeaways - What happened: Two recently enacted laws in Louisiana and Texas will each require separate warning labels on the packaging of food sold in their state if the food contains any of 44 specific ingredients....more
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
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a June 5th Interpretive Letter clarifying the Hazardous Materials Regulations (“HMR”) applicable to United Nations specification packaging exceptions...more
Welcome to the June edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law. In May 2025, Maryland and Washington became the latest states to join a growing trend...more
Beginning July 1, 2025, producers of a wide range of packaging and paper materials, as well as products that use such materials, are prohibited from selling or distributing such products in the state of Colorado, unless they...more
A lot is going on in the extended producer responsibility (“EPR”) packaging world this month. Maryland and Washington became the sixth and seventh states respectively to enact EPR packaging laws. And this week, just a...more
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
All Wrapped Up is a newsletter that tracks and analyzes key developments in extended producer responsibility laws for packaging. It is a subscription-based resource for King & Spalding clients who sell or distribute just...more
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
This week I had the pleasure of speaking with Lioba Oerter, Director of Expert Services, 3E Expert Service Processing Centre (ESPC), and Karin F. Baron, Director of Hazard Communication and International Registration Strategy...more
The FDA has developed draft guidance addressing confusion and legal action over the naming and labeling of plant-based alternatives to eggs, seafood, poultry, meat and dairy (excluding plant-based milk, e.g. oat milk). FDA is...more
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
Our Environment, Land Use & Natural Resources and Food & Beverage Groups examine the growing industry compliance impact of states’ extended producer employer production responsibility (EPR) laws....more
In an important development for the sustainability movement, Oregon and Colorado are implementing Extended Producer Responsibility (EPR) laws that shift the responsibility for managing packaging waste to the manufacturer. The...more
Beginning in May of 2026, owners of brands selling packaged products and importers of foreign-produced packaged products sold in Maine will be required to adhere to Maine’s Stewardship Program for Packaging. Beginning six...more
Companies who may qualify as “producers” under the EPR packaging programs adopted by California, Oregon, and Colorado should plan for sufficient lead time to evaluate their status as a producer before applicable requirements...more
Producers who may qualify for an exemption under California’s extended producer responsibility (“EPR”) packaging law (“SB 54” or the “Act”) should consider reviewing CalRecycle’s recently released Proposed Draft Regulation...more
On 28 December 2023, CalRecycle published the results of the preliminary Material Characterization Study required under SB 343, codified as Cal. Pub. Res. Code § 42355.51. The preliminary findings identify the types of...more
The proposed rule, if finalized, would impose new manufacturing practice requirements on foreign and domestic manufacturers of finished and bulk tobacco products. On March 10, 2023, the Food and Drug Administration (FDA...more
New York may be on board to be the fifth state in the nation to hold producers responsible for packaging products. Thus far, Maine, Oregon, Colorado, and California have enacted extended producer-responsibility laws....more
Last month, Maine signed the nation’s first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States....more
The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more