News & Analysis as of

Toxic Chemicals Product Packaging

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.

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

Beveridge & Diamond PC

Louisiana and Texas Pass Laws Requiring Warning Labels for Certain Food Ingredients

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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

ArentFox Schiff

PFAS Lawsuit Against Hershey Faces Legal Pushback Over Scientific Claims

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In October 2024, Grizzly Research LLC issued the so-called Grizzly Report, which shared the results from its testing at four different laboratories across the United States, Germany, and China to compare the presence of per-...more

Goldberg Segalla

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

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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

Environmental General Counsel PC

CalRecycle Releases New EPR Packaging Regulations: Imminent Compliance, New Exclusions, and Deferred Eco-Modulation Implementation

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

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

Perkins Coie

Food & Consumer Packaged Goods Litigation Year in Review 2024

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Perkins Coie Releases Ninth Annual Food & Consumer Packaged Goods Litigation Year in Review. In 2024, class action filings against the consumer packaged goods (CPG) industry reached a near high, with close to three hundred...more

Steptoe & Johnson PLLC

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

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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

Environmental General Counsel PC

Proposed Regulation Targets Proposition 65 Chemicals in Packaging

On December 2, 2024, California's Department of Resources Recycling and Recovery (“CalRecycle”) released proposed regulations for California’s extended producer responsibility (“EPR”) packaging and food service ware program –...more

ArentFox Schiff

Death Knell Sounds for PFAS-Containing Food Packaging Materials

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On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances...more

Shook, Hardy & Bacon L.L.P.

Food Contact Chemicals Study Could Spur More Research, Government Oversight

On September 17, 2024, the Journal of Exposure Science and Environmental Epidemiology (JESEE) published a paper on the potential human exposure to food contact chemicals (FCCs). Led by a research team at the Food Packaging...more

BCLP

PFAS In Food Packaging: State-by-state Regulations - Updated November 2024

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In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging...more

Kelley Drye & Warren LLP

California Adopts Enforcement Criteria and Testing and Registration Requirements for PFAS in Textiles, Juvenile Products and Food...

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Recently adopted California legislation (AB 347) aims to fill fundamental gaps in implementation of the state’s restrictions on per- and polyfluoroalkyl substances (“PFAS”) in juvenile products, textile articles, and food...more

DLA Piper

California Adds Teeth to PFAS Laws Covering Juvenile Products, Textiles, and Food Packaging

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On September 29, 2024, California Governor Gavin Newsom signed into law AB 347, adding comprehensive registration, certification, and enforcement provisions to California’s existing and forthcoming restrictions on the use of...more

Perkins Coie

FDA Holds Meeting on Post-Market Assessment of Chemicals in Food

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On September 25, 2024, the U.S. Food and Drug Administration (FDA) held a public meeting on the Development of an Enhanced Systematic Process for Post-Market Assessment of Chemicals in Food—namely, food additives, color...more

Troutman Pepper Locke

Are Plastics the New PFAS?

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A recent conference led by Connecticut Attorney General (AG) William Tong discussed the alleged problems and potential solutions associated with plastics use and waste. Conference attendees included nearly two dozen...more

MG+M The Law Firm

Breaking the PFAS Chain: Maine's Quest for Sustainable Alternatives

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In the realm of environmental science and sustainability, researchers in Maine are pioneering efforts to combat the pervasive presence of per- and polyfluoroalkyl substances (PFAS) by investigating alternative materials...more

Arnall Golden Gregory LLP

FDA Announces End of Sales of PFAS Used in U.S. Food Packaging

The U.S. Food and Drug Administration (“FDA”) recently announced that grease-proofing substances containing per and poly-fluoroalkyl substances (“PFAS”) are no longer being sold by manufacturers for food contact use in the...more

Morgan Lewis - Well Done

That’s a Wrap: FDA Announces Phase-Out of PFAS in Certain Food-Packaging Materials

The US Food and Drug Administration (FDA) recently announced that manufacturers have completed the voluntarily phase-out of the use of certain per- and polyfluoroalkyl substances (PFAS) in grease-proofing agents for food...more

Holland & Knight LLP

FDA Ramps Up Actions on PFAS

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With the completion of the voluntary phaseout of one form of short-chain per- and polyfluoroalkyl substances (PFAS) as a grease-proofing agent, the U.S. Food and Drug Administration (FDA) has rejected the view that...more

Harris Beach Murtha PLLC

FDA Phases Out PFAS in Certain Food-Packaging Materials

The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of...more

Sheppard Mullin Richter & Hampton LLP

PFAS in Food Packaging: The Beginning of the End?

Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer...more

Farella Braun + Martel LLP

FDA Announces Voluntary Market Phase-Out of Grease-Proofing Substances Containing PFAS for Use in Food Packaging

On February 28, 2024, the FDA announced the complete cessation of sales of PFAS-containing grease-proofing materials for use in food packaging in the U.S. market. According to the FDA, the announcement was the culmination of...more

BCLP

PFAS in Food Packaging: State-by-state Regulations - Updated March 2024

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In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws. Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging...more

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