Perspectives on PFAS Law

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 method was insufficient to support their allegations that the defendants’ products contained PFAS. Prior to this, courts had dismissed similar lawsuits based on lack of standing, holding that the plaintiffs failed to allege that the specific products they purchased were found to contain PFAS.

Prop 65 Counsel: What To Know

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 of litigation.

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, panelist for the “PFAS: What You Need to Know When Testing or Defending a Product” session during the Prop 65 Annual Conference in San Francisco, California.

Prop 65 Counsel: What To Know

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation.

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 its own reporting software issues.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, is co-chair of the American Conference Institute (ACI) Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products West Coast Edition.

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.

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.

As we have reported at length, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) imposed extensive new requirements related to cosmetic products marketed in the United States.

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 chemicals.”

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.

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 chambers on April 18.

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 potential implications for PFAS remediation.

Earlier this week, the US Environmental Protection Agency (EPA) finalized a new rule designating two per- and polyfluorinated substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

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.

On April 10, the US Environmental Protection Agency (EPA) announced its final PFAS drinking water rule, setting new drinking water standards for six per- and polyfluoroalkyl substances (PFAS).

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.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the consumer products industry this year.

On January 31, the US Environmental Protection Agency (EPA) issued two proposed rules to facilitate the targeting of PFAS.

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant companies that survived the pandemic posted record numbers.

For many consumers, comprehending Shakespeare is easier than discerning which products are recyclable and which are not.

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 materials can display the “chasing arrows” recyclable symbol, may bring welcome clarity for consumers, even as it raises a host of new questions for manufacturers, suppliers, and brands.