The U.S. Environmental Protection Agency (“EPA” or “the Agency”) has announced that it is proposing to ban the solvent 1-bromopropoane (“1-BP”) under the Toxic Substances Control Act (“TSCA”) in all but one consumer product,...more
Roughly eight months have passed since California’s Office of Environmental Health Hazard Assessment (OEHHA) last proposed to amend its Prop 65 regulations on “short-form” and internet warnings provisions. Now, in response...more
Supreme Court Justice Louis Brandeis once opined that “a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”...more
Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to...more
In the final hours of 2023, our colleagues over at Ad Law Access highlighted the numerous regulatory bodies that spent the year clamping down on “greenwashing” advertising practices – such as the Federal Trade Commission’s...more
Earlier today, the U.S. Environmental Protection Agency (“EPA”) finalized elimination of the de minimis exemption for reporting of per- and polyfluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”). EPA is...more
The Consumer Product Safety Commission (CPSC) is initiating a wide-ranging data collection effort on the use and presence of per- and polyfluoroalkyl substances (PFAS) in consumer products. As detailed in a September 30...more
The so-called “Skittles Ban” is no more, but earlier this week the California legislature passed a novel bill that would ban four food additives from grocery store shelves starting in 2027. Governor Newsom has until October...more
The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to...more
Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel. New York Governor Kathy Hochul signed the bill into law on...more
Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more
Cookware sold in California will be required to have chemical ingredient information disclosed on the product website by the new year. While part of a wave of legislation focused on per- and polyfluoroalkyl substances...more
California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever...more
Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”). These restrictions are some of the most comprehensive in the...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more
Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated...more
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more
Generally speaking, most healthcare employers would not think that their employed physicians are at risk for unionization. As opposed to interns and residents, who have experienced their own unionization push in the past...more
As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the...more
The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical...more
In the latest of a string of potentially ground-altering developments under California’s Proposition 65, a federal judge has temporarily enjoined plaintiffs from initiating new cases alleging failure to warn for foods and...more
Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued...more
Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months....more
(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in food items as a...more