News & Analysis as of

Manufacturers Toxic Chemicals Comment Period

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

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The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more

Miller Nash LLP

Proposed Prop 65 Pose Increased Litigation Risks

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing...more

Holland & Knight LLP

FDA, PFAS and Food Packaging: More to Come?

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The U.S. Environmental Protection Agency (EPA) is not the only federal agency that regulates per- and polyfluoroalkyl substances (PFAS). And states aren't the only ones scrutinizing PFAS in food packaging products. PFAS,...more

Jones Day

EPA Proposes TSCA Amendments to Improve Efficiency of New Chemical Review Process

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The proposal would also make per- and polyfluoroalkyl substances ("PFAS") and certain persistent, bioaccumulative, and toxic chemical substances ("PBTs") ineligible for exemptions available under the Toxic Substances Control...more

Bergeson & Campbell, P.C.

Proposition 65: OEHHA Modifies Proposed Changes to “Short-Form” Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing modifications to the revisions it first proposed on January 8, 2021, to its Proposition 65 (Prop 65)...more

BCLP

PFAS Update: EPA Proposes Reporting on the Last 10 Years of Manufacture or Import of Products Containing PFAS

BCLP on

The Environmental Protection Agency (“EPA”) is proposing new reporting requirements for Per- and Polyfluoroalkyl Substances (“PFAS”) that would require manufacturers, including importers, to report on their manufacture or...more

Woods Rogers

EPA Proposes Retroactive PFAS Reporting

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On June 28, 2021, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that would require a one-time report from companies that manufactured or imported per- and polyfluoroalkyl substances (PFAS) in any...more

Husch Blackwell LLP

New Modifications To OEHHA’s Proposed Rule Offer Additional Flexibility

Husch Blackwell LLP on

Last summer the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, to create an exception from the warning...more

Downey Brand LLP

Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen

Downey Brand LLP on

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) released a Notice of Intent (NOI) to list perfluorooctanoic acid (PFOA) as a carcinogen under Proposition 65 via the Authoritative...more

Hogan Lovells

California update: OEHHA extends comment period

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California’s Office of Environmental Health Hazard Assessment (OEHHA) is extending the public comment period for its proposal that lays out what constitutes a Proposition 65 exposure that would require warnings for listed...more

Jones Day

2020 Regulatory Amendments Attempt to Simplify Proposition 65 Warning Obligations

Jones Day on

The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning...more

Seyfarth Shaw LLP

NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more

ArentFox Schiff

Alerts Newsletter: This California Warning Might Cause Alarm – or Apathy

ArentFox Schiff on

The discussion about including the most commonly used drug in the US has once again raised questions about the value of Proposition 65 warnings to consumers. Environmental advocates say the law has compelled companies to...more

Robinson+Cole Manufacturing Law Blog

PFAS Update: EPA Progress Under PFAS Action Plan

Earlier this year, we wrote about EPA’s PFAS Action Plan, the agency’s blueprint for addressing contamination and protecting public health from per- and polyfluoroalkyl substances (PFAS). ...more

Sullivan & Worcester

PFAS Regulatory Update

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As in previous postings, we discuss recent state regulatory initiatives aimed at addressing groundwater and drinking water contamination by per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals...more

Buchalter

Amendments to Proposition 65’s “Downstream” Warning Procedures would include the full Distribution Chain

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California’s “Proposition 65” requires manufacturers and others in the chain of distribution to warn consumers before causing them to be exposed to a list of almost 900 chemicals “known to the State of California to cause...more

Beveridge & Diamond PC

First 40 Candidate Chemicals for Prioritization Under TSCA Announced

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EPA has taken another step in implementing the Toxic Substances Control Act (TSCA). It has announced the first set of 20 candidate chemicals for possible designation as high-priority substances and the first (possibly only)...more

Bergeson & Campbell, P.C.

TSCA: EPA Releases Proposed Chemical Risk Evaluation Process Under New TSCA

On January 19, 2017, the U.S. Environmental Protection Agency (EPA) proposed a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the...more

Faegre Drinker Biddle & Reath LLP

EPA Proposes to Ban Certain Uses of TCE Under TSCA

The U.S. Environmental Protection Agency (EPA) will issue a proposed rule to ban the use of trichloroethylene (TCE) as an aerosol degreaser and a spot removal agent in dry cleaning. This announcement, made on December 7,...more

Williams Mullen

Environmental Notes - July 2016

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CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Greenberg Glusker LLP

Required Action on the Horizon for California Consumer Products Companies

Greenberg Glusker LLP on

Yesterday, the Department of Toxic Substances Control (“DTSC”) released its draft Stage 1 Alternatives Analysis Guide (“Guide”) under the California Safer Consumer Products program. Public comments are being accepted on the...more

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