According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more
The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have...more
Top Legal Challenges for the Consumer Products Industry in 2025 -
With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more
2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more
3/25/2025
/ America First Trade Policy ,
Artificial Intelligence ,
Beverage Manufacturers ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
International Trade ,
PFAS ,
Regulatory Agenda ,
Regulatory Requirements ,
Supply Chain ,
Tariffs ,
Trump Administration
Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer...more
3/20/2025
/ California ,
Compliance ,
Environmental Policies ,
Extended Producer Responsibility (EPR) ,
Popular ,
Proposed Rules ,
Public Comment ,
Recycling ,
Regulatory Requirements ,
State and Local Government ,
Sustainability
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
With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more
Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”...more
In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements -
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...more
On December 6, 2024, the Office of Environmental Health Hazard Assessment, the lead agency that implements Proposition 65, announced new amendments to the Proposition 65 “short-form” warning requirements....more
California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure...more
After three years of various proposals, on December 6, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, finally announced new amendments to “short-form” warning...more
As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing...more
Controversial Prop 65 Warning Labels About Toxic Chemicals are Effective, Study Says -
For nearly 40 years, a controversial California law has required companies to place warning labels on their products alerting...more
Safe Harbor Warnings for Acrylamide Exposure From Food -
The Office of Environmental Health Hazard Assessment (OEHHA) has amended Title 27, California Code of Regulations 25607.2(b), to provide an additional safe harbor...more
On October 15, a California federal court handed down a ruling that significantly undermines the so-called “gold standard” of per- and polyfluoroalkyl substances (PFAS) testing relied upon by most plaintiffs in similar types...more
On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners. The plaintiff, an environmental group called Ecological Alliance, LLC,...more
The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the...more
The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to...more
Per- and polyfluorinated substances (PFAS) include various synthetic chemicals that have been used in products ranging from cookware to clothing and carpets to cosmetics for decades. These various uses, when combined with a...more
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
For the past three years, the California Office of Environmental Health Hazard Assessment (OEHHA), the agency governing Proposition 65, has issued several proposed amendments to the Proposition 65 short-form warnings....more
On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever...more
Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.
PFAS, commonly referred to as “forever...more