News & Analysis as of

State Legislatures Toxic Chemicals

ArentFox Schiff

FDA Declares PFAS Polymers in Medical Devices Safe and Currently Irreplaceable

ArentFox Schiff on

On August 6, the US Food and Drug Administration (FDA) issued an update regarding the use of per- and polyfluoroalkyl substances (PFAS), specifically fluoropolymers such as polytetrafluoroethylene (PTFE), in medical devices....more

Holland & Knight LLP

PFAS in Cosmetics: State-Led Regulatory Surge Demands Proactive Compliance

Holland & Knight LLP on

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

Farella Braun + Martel LLP

Legislation Banning “Forever Chemicals” in Food Packaging in California by 2028 Will Likely Become Law

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

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

Bergeson & Campbell, P.C.

Safer States Publishes Takeaways from 2025 Legislative Session on Toxic Chemicals and Plastics, Including PFAS and Microplastics

On July 23, 2025, Safer States published its takeaways from the 2025 legislative session on toxic chemicals and plastics. According to Safer States, in 2025, ten states have adopted at least 22 policies intended to reduce...more

Saul Ewing LLP

State Food Policy Heat Wave

Saul Ewing LLP on

Background - As temperatures have heated up this summer, so has the pace of new state food policies. Over the past several weeks, there has been an uptick in the promulgation of bans on food additives and laws aimed at...more

DLA Piper

States Move Ahead With MAHA Agenda for Ultra-processed Food

DLA Piper on

As the Trump Administration considers what actions to take in response to its May 22, 2025 Make Our Children Healthy Again (MAHA) Assessment, state legislatures are taking action to regulate what they consider...more

Goldberg Segalla

New York State Legislature Fails Again to Pass Extended Producer Responsibility Legislation

Goldberg Segalla on

Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer...more

Allen Matkins

Pending State Housing Laws: Rebuilding After a Natural Disaster

Allen Matkins on

Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more

Goldberg Segalla

Colorado Bans Sale and Distribution of Products Containing PFAS

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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

Akin Gump Strauss Hauer & Feld LLP

Will Ohio Follow New Mexico’s Lead on Fluoropolymers?

On May 13, 2025, Ohio legislators, apparently inspired by New Mexico’s similar legislation, introduced HB 272 to phase in a ban on the sale of consumer products with intentionally added per- and polyfluoroalkyl substances...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

Paul Hastings LLP

PFAS Legislative & Regulatory Developments – First Quarter 2025

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As President Joseph Biden wound down his time in office, the U.S. Environmental Protection Agency (EPA) undertook significant efforts to finalize the regulation of per- and polyfluoroalkyl substances (PFAS). While it remains...more

MG+M The Law Firm

Maine Takes Lead on PFAS in Food While Easing Product Restrictions

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In January 2025, Maine lawmakers became the first to introduce a bill restricting PFAS levels in food. The proposed bill, SB130, entitled An Act to Establish the PFAS Response Program and to Modify the Fund to Address PFAS...more

ArentFox Schiff

Bans on PFAS in Cookware: Litigation and Legislative Challenges

ArentFox Schiff on

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

Akin Gump Strauss Hauer & Feld LLP

New Mexico, New PFAS Approach

On January 29, 2025, New Mexico threw its hat more fully into the per- and polyfluoroalkyl substances (PFAS) legislation ring with the introduction of a bill that adopts a broad “phase-out” ban to PFAS-containing products. HB...more

Perkins Coie

Washington Department of Ecology's Interim Policy on Lead in Cosmetics

Perkins Coie on

The Washington State Legislature passed the Toxic-Free Cosmetics Act (TFCA) in 2023, which restricts the sale of cosmetic products containing certain chemicals, including lead and lead compounds. Effective January 1, 2025,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/South Carolina General Assembly: Bill Prohibiting Discharge into Waterway/Drinking Water Supply Filed

H. 3116 was introduced on January 14th into the South Carolina General Assembly addressing perfluoroalkyl and polyfluoroalkyl substances (collectively, “PFAS”). The Bill would require that the South Carolina Department of...more

Bergeson & Campbell, P.C.

MPCA Recommends Exempting until 2032 Intentionally Added PFAS in Electronic or Other Internal Components within the 11 Product...

The Minnesota Pollution Control Agency (MPCA) has posted a January 2025 report to the legislature regarding recommendations for products containing lead, cadmium, and perfluoroalkyl and polyfluoroalkyl substances (PFAS)....more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Brownstein Hyatt Farber Schreck

Colorado Expands PFAS Labeling and Phase Out Rules

With Gov. Jared Polis’ signature on SB 81, Colorado has broadened its restrictions on products containing intentionally added per- and polyfluoroalkyl substances (“PFAS”) to include a wide range of consumer products. Colorado...more

ArentFox Schiff

California Legislature Aims Two More Nails at the PFAS Coffin

ArentFox Schiff on

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

ArentFox Schiff

Cosmetics and “Forever Chemicals” | ArentFox Schiff

ArentFox Schiff on

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

Kelley Drye & Warren LLP

New York Expands PFAS Apparel Ban

The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by...more

Sheppard Mullin Richter & Hampton LLP

California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products

Effective January 1, 2025, a new California law will prohibit 24 ingredients from use in cosmetic products. California’s Toxic-Free Cosmetics Act [Assembly Bill (“AB”) 2762] was signed into law by Governor Gavin Newsom on...more

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