News & Analysis as of

Plastics Manufacturers

DLA Piper

US makes critical shift in position on global plastics treaty

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The US has pivoted in its stance on the global management of plastic production and pollution, with significant potential impacts for industry. The shift comes amid ongoing negotiations toward a UN treaty aimed at addressing...more

Bennett Jones LLP

In Case You Missed It… The Comment Period on The Federal Government Consultation on Plastic Waste and Pollution from Textile and...

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Environment and Climate Change Canada (ECCC) published a consultation document on July 4, 2024, seeking input from stakeholders on a proposed roadmap for addressing plastic waste and pollution from the textile and apparel...more

K&L Gates LLP

Litigation Minute: Microplastics—Everything, Everywhere, All at Once? (ESG Litigation Series: Part Two)

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What You Need To Know In A Minute Or Less - Microplastics, as a seemingly ubiquitous contaminant, have increasingly become the subject of online exposés and class action challenges. The Environmental Protection Agency (EPA)...more

Venable LLP

EPA Commences Proceedings to Investigate PFAS in Fluorinated Plastic Containers

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Companies that manufacture, use, distribute, and dispose of fluorinated plastic containers should take note that the U.S. Environmental Protection Agency (EPA) recently granted a petition from several environmental groups...more

Fishman Haygood LLP

U.S. Fifth Circuit Reverses EPA Order Regarding the Presence of PFAS in Plastic Containers

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Inhance Technologies, a Texas-based plastic and chemical transformation company, went head-to-head with the Environmental Protection Agency (EPA) before the U.S. Fifth Circuit Court of Appeals earlier this year. The Court’s...more

Environmental General Counsel PC

EPR Packaging Laws: Oregon's Program Plan Provides Roadmap for Compliance and Producer Fees

On March 31, Circular Action Alliance (“CAA”), the Producer Responsibility Organization (“PRO”) for California, Colorado, and the only contender for PRO in Oregon, submitted the first draft of its Program Plan (“the Plan”)...more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Environmental General Counsel PC

EPR Packaging Laws: Submission of the First Stewardship Plan

Since July 2021, when Maine passed the nation's first extended producer responsiblity ("EPR") packaging law, four other states (Colorado, Oregon, California, and Maryland) have enacted EPR packaging laws. For brevity, we...more

Bennett Jones LLP

The Federal Court Rules that the Order Labelling Plastics as a Toxic Substance is Unreasonable and Unconstitutional

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The Federal Court of Canada (Court) released its decision on November 16, 2023, in Responsible Plastics Use Coalition v Canada, which held that the Federal Government's labelling of all Plastic Manufactured Items (PMI) as...more

Beveridge & Diamond PC

California’s Transformational Single-Use Packaging EPR Law Moves Toward Implementation

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Governor Gavin Newsom signed SB 54 on June 30, 2022, creating an extended producer responsibility (EPR) program and imposing some related prohibitions for certain single-use packaging and plastic single-use food service ware...more

Pillsbury - PFAS Observer

The EPA Proposes Significant New Use Rules

On June 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for 18 chemicals derived from the recycling of plastic wastes. 88 Fed....more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

Environmental General Counsel PC

When Must Businesses Join a PRO under California's Plastic & Packaging Law?

On March 29, 2023, the California Department of Resources Recycling and Recovery (CalRecycle) held a workshop on Producer Responsibility Organizations (PROs) and forthcoming regulations under the Plastic Pollution Prevention...more

Ervin Cohen & Jessup LLP

California Passes Sweeping Plastic Reduction Act

On July 29, 2022, Governor Newsom signed Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (the “Act”).  The Act is designed to phase out single-use plastics in the state and is the...more

Foley & Lardner LLP

New “Buy America” Guidance for Infrastructure Projects: Key Takeaways for Manufacturers

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On April 18, 2022, the U.S. Office of Management and Budget (OMB) issued preliminary guidance to federal agencies on how to implement the new “Buy America” requirements applicable to federally funded infrastructure projects. ...more

Goldberg Segalla

Vampires Beware: Microplastics in Human Blood

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A group of scientists recently unveiled new data from a study that showed plastic in participants’ blood. Out of 22 study participants, 17 contained plastic in their blood; that is 77% of the test group. ...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

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As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Downey Brand LLP

Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta

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In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more

Downey Brand LLP

Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics...

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In September 2021, citizen plaintiff groups issued two hundred fifty (250) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged “violators”...more

Downey Brand LLP

Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond...

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Last month, citizen plaintiff groups issued over three hundred thirty-five (335) Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”). Alleged phthalates in plastic consumer products and components made up the largest...more

Robinson+Cole Environmental Law +

Lawsuit Seeks to Designate PVC Plastic as Hazardous Waste

Recently, the Center for Biological Diversity filed a lawsuit against the United States Environmental Protection Agency (EPA), claiming that polyvinyl chloride – more commonly known as PVC or vinyl – should be regulated as a...more

BakerHostetler

Life in Plastic – It’s Fantastic

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As the world contends with the ongoing COVID-19 pandemic, activists are sounding the alarm over another pandemic: the plastic pandemic. Environmentalist groups have been warning Americans about our overconsumption of plastic...more

Downey Brand LLP

Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt...

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July 2021 was a noteworthy month for newly initiated Proposition 65 (“Prop. 65”) claims as reflected in 60-day Notices of Violation (“Notices”). While last month’s total number of Notices (two hundred forty-eight (248)) was...more

Downey Brand LLP

Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood,...

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In June 2021, Proposition 65 (“Prop. 65”) citizen plaintiff groups were active once again, and sent over three hundred (300) total Notices. Once again, a large part of this activity related to allegations regarding food...more

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