Prohibition Dates for PFAS in Food Packaging Imminent in New York and California

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To round out our year-end edition, we want to remind our readers that after December 31 in New York and January 1 in California, food packaging that is made of paper, paperboard, or other materials originally derived from plant fibers is prohibited if it contains intentionally added PFAS. In California, the prohibition also applies to food packaging that contains 100 parts per million or more of PFAS, measured as total organic fluorine. The prohibition in both states applies to distribution, sale or offer for sale. And according to California, this includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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