News & Analysis as of

Toxic Chemicals Consumer Protection Laws

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.

EC Scientific Committee Issues Final Opinion on Hydroxyapatite (Nano) in Oral Products

On July 1, 2025, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) issued a final opinion on hydroxyapatite (nano) in oral products. The EC asked SCCS if it considers hydroxyapatite (nano) safe...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

Buchalter

A Summer Surge in Proposition 65 Notices of Violation- Bisphenol S (BPS) in Receipts, UPC Stickers and Thermal Labels - Are Your...

Buchalter on

California Proposition 65 (formally the Safe Drinking Water and Toxic Enforcement Act of 1986) (“Prop. 65”) enforcement is hot—and this time, the spotlight is on Bisphenol S (BPS), a chemical often used in thermal receipt...more

K&L Gates LLP

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

K&L Gates LLP on

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

Cozen O'Connor

AGs Renew Call for FDA Guidance on Toxic Heavy Metals in Baby Food

Cozen O'Connor on

Arizona AG Kris Mayes and D.C. AG Brian Schwalb submitted a letter to the FDA in support of other state AG’s 2022 petition for reconsideration of a multistate petition seeking FDA actions on toxic heavy metals in food...more

Gordon Rees Scully Mansukhani

Wave of Enforcement Actions Initiated under California’s Prop 65 Targets Thermal Receipts at California Stores

In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...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

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

Kilpatrick on

We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...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

Bergeson & Campbell, P.C.

FDA Advances Post-Market Chemical Review Program

On May 15, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of “a stronger, more systematic review process for food chemicals already on the market — especially those that concern consumers most.” Over...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Venable LLP

Virginia Enacts Baby Food Safety Law

Venable LLP on

On May 2, Governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to...more

Kilpatrick

New York federal courts split on whether baby food purchasers have Article III standing in toxic metals baby food class actions

Kilpatrick on

We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more

Greenberg Glusker LLP

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

Greenberg Glusker LLP on

California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...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

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

Morgan Lewis

PFAS and Microplastics Litigation: The Latest Front of ESG Lawsuits

Morgan Lewis on

A growing awareness of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the pervasiveness of microplastics have led to an uptick in litigation by private plaintiffs, nongovernmental organizations, and state attorneys...more

Hogan Lovells

FDA Issues Final Guidance Setting Action Levels for Lead in Food Intended for Babies and Young Children

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) issued a final guidance for industry titled Action Levels for Lead in Processed Food Intended for Babies and Young Children (Final Guidance). The final action levels apply only to...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

Tonkon Torp LLP

Oregon Polystyrene Ban Now in Effect

Tonkon Torp LLP on

In 2023, the Oregon legislature passed Senate Bill 543, which bans many uses of polystyrene foam (commonly known by its brand name, Styrofoam) in the state. On January 1, 2025, that bill formally went into effect. The law has...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide