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Death Knell Sounds for PFAS-Containing Food Packaging Materials

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

California Expands Proposition 65 Listing of BPS as New Warning Requirements Take Effect

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

Newsflash: What the New Proposition 65 Short-Form Warnings Mean for Consumer Products Companies

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

PFAS Plaintiffs May Be Learning From Their Mistakes

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

Prop 65 Roundup - November 2024

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

Prop 65 Roundup - October 2024

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

PFAS Litigation Update: Another Tool in the Defendants’ Toolbox

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

Navigating the PFAS Landscape: Emerging Trends in Litigation

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

9/19/2024  /  Litigation Strategies , PFAS

EPA Pumps the PFAS Brakes by Postponing the Reporting Deadline for Past PFAS Use in Consumer Products by Eight Months

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

Manufacturers Fight Back on PFAS Litigation

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

The Proposed Costco Class Action Makes Clear That No Product Is Exempt From PFAS Litigation

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

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

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

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

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

PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective...more

EPA Updates Interim Guidance on Destruction and Disposal of PFAS Wastes

On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more

California Legislature Aims Two More Nails at the PFAS Coffin

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

Top 10 Legal Issues in the Cannabis Industry in 2024

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And...more

California Greatly Expands List of Cosmetics Fragrances Reportable as Allergens

Since January 1, 2022, California’s Fragrance and Flavor Ingredients Right to Know Act of 2020 has required manufacturers of cosmetic products to disclose the following information to the California Department of Public...more

Cosmetics and “Forever Chemicals” | ArentFox Schiff

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

To Bin or Not to Bin: California Clears Up Questions About Which Products Can Display Recyclability Symbols

For many consumers, comprehending Shakespeare is easier than discerning which products are recyclable and which are not. California’s “Truth in Labeling” law (SB 343), which provides stricter regulations for what products or...more

Prop 65 Roundup - January 2024

California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more

Prop 65 Roundup - December 2023

Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more

Prop 65 Roundup - November 2023

California Bans Several FDA-Authorized Food Additives; New York May Soon Follow - On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety...more

California Bans Several FDA-Authorized Food Additives; New York May Soon Follow

On October 7, California Governor Gavin Newson signed into law AB-418, the California Food Safety Act, which completely bans, on safety grounds, the use in food of four additives that are considered safe by the US Food and...more

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