News & Analysis as of

Manufacturers Toxic Chemicals

Skadden, Arps, Slate, Meagher & Flom LLP

FDA Contradicts Benzene Class Actions, Highlighting Risks of Third-Party Lab Testing

In March 2024, Valisure, an independent quality advocate, filed a citizen petition claiming to have detected elevated levels of benzene in benzoyl peroxide acne treatment products. Valisure’s petition included testing results...more

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

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A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more

Blank Rome LLP

PFAS Bans Go into Effect; Manufacturers Attempt to Push Back on Regulations

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Many states have enacted or plan to enact new regulations regarding the manufacturing of products containing per- and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals,” because they do not easily break...more

Blake, Cassels & Graydon LLP

Le Canada publie son rapport final sur l’état des substances perfluoroalkylées et polyfluoroalkylées

Introduction - Le gouvernement du Canada a annoncé son intention de désigner les substances perfluoroalkylées et polyfluoroalkylées (les « SPFA »), soit une famille de milliers de produits synthétiques connus pour leur...more

ArentFox Schiff

Bans on PFAS in Cookware: Litigation and Legislative Challenges

ArentFox Schiff on

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

Bergeson & Campbell, P.C.

Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA — A Conversation with Richard E. Engler, Ph.D. and Kelly N....

This week, I discuss with my colleagues, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Kelly N. Garson, Senior Associate for B&C and Acta, our recently released...more

Pillsbury - PFAS Observer

Maryland Files PFAS Suit Against Downstream Manufacturer

Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

Clark Hill PLC on

1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

Blake, Cassels & Graydon LLP

Canada Publishes Final State of Per- and Polyfluoroalkyl Substances (PFAS) Report

Introduction - The Government of Canada has announced its intention to designate PFAS, a family of thousands of human-made chemicals known for their oil- and water-resistant properties, as “toxic” under the Canadian...more

MG+M The Law Firm

Rhode Island Joins Growing State Effort to Ban PFAS in Consumer Products

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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

Bergeson & Campbell, P.C.

EPA Will Extend Deadline for Reporting Health and Safety Data for 16 Chemicals

The U.S. Environmental Protection Agency (EPA) announced on March 6, 2025, that it plans to issue a rule “soon” to extend the reporting deadline for a rule under Section 8(d) of the Toxic Substances Control Act (TSCA)...more

Bergeson & Campbell, P.C.

EPA Reopens Comment Period on Proposed Risk Management Rule for PV29

On March 4, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is reopening the comment period for the January 2025 proposed rule to address the unreasonable risk of injury to human health presented by...more

MG+M The Law Firm

Expanding PFAS Liability: City of Savannah, Georgia's Wake-Up Call

MG+M The Law Firm on

The legal landscape surrounding per- and polyfluoroalkyl substances (PFAS) is rapidly evolving, with industrial users now facing heightened risks, even if they never directly manufactured these chemicals. This shift is...more

Robinson+Cole Manufacturing Law Blog

Environmental, Health, and Safety Outlook for 2025

In putting together our thoughts on this post, it was hard not to think about the elephant in the room (see what I did there?). The change in administration has already brought significant changes in our nation’s...more

Keller and Heckman LLP

January 2025 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Hissey, Mulderig & Friend, PLLC

U.S. Navy Veterans With Cancer from AFFF May Qualify to File a Lawsuit

Veterans of the U.S. Navy who were exposed to Aqueous Film Forming Foam (AFFF) and diagnosed with kidney cancer, pancreatic cancer, testicular cancer, or other types of cancers may be eligible to file a lawsuit and receive...more

Perkins Coie

Washington Department of Ecology's Interim Policy on Lead in Cosmetics

Perkins Coie on

The Washington State Legislature passed the Toxic-Free Cosmetics Act (TFCA) in 2023, which restricts the sale of cosmetic products containing certain chemicals, including lead and lead compounds. Effective January 1, 2025,...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

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q4 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA drafts recommended PFAS levels for water quality, California’s Department of...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

McGlinchey Stafford on

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Bergeson & Campbell, P.C.

MPCA Recommends Exempting until 2032 Intentionally Added PFAS in Electronic or Other Internal Components within the 11 Product...

The Minnesota Pollution Control Agency (MPCA) has posted a January 2025 report to the legislature regarding recommendations for products containing lead, cadmium, and perfluoroalkyl and polyfluoroalkyl substances (PFAS)....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

Sheppard Mullin Richter & Hampton LLP

Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings

Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more

Hogan Lovells

EU bans BPA in Food Contact Materials: what does it mean for industry?

Hogan Lovells on

Jacqueline Mailly and Anastasia Vernikou of Hogan Lovells and Grégoire Paquet outline the details of the EU regulation introducing a ban on Bisphenol A (BPA) in food contact materials and its implications for industry. On 20...more

Bergeson & Campbell, P.C.

TSCA in the Spotlight: TSCA Is Focus of First Energy & Commerce Hearing of 119th Congress; GAO Issues Report on New Chemicals...

In a development no one could have predicted several weeks ago, the first hearing of the 119th Congress in the House Committee on Energy and Commerce (E&C) focused on the Toxic Substances Control Act (TSCA) and amendments to...more

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