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Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

California Advances Bill to Ban Most PFAS Uses

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have...more

Bans on PFAS in Cookware: Litigation and Legislative Challenges

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

Top Legal Challenges for the Consumer Products Industry in 2025

With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

US District Court to Examine Link Between PFAS and Cancer

Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”...more

PFAS Plaintiffs May Be Learning From Their Mistakes

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...more

PFAS Litigation Update: Another Tool in the Defendants’ Toolbox

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...more

PFAS Litigation Update: Edgewell Sued for Failing to Warn of PFOA in its Menstrual Liners

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners. The plaintiff, an environmental group called Ecological Alliance, LLC,...more

Navigating the PFAS Landscape: Emerging Trends in Litigation

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the...more

9/19/2024  /  Litigation Strategies , PFAS

EPA Pumps the PFAS Brakes by Postponing the Reporting Deadline for Past PFAS Use in Consumer Products by Eight Months

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...more

Manufacturers Fight Back on PFAS Litigation

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. These various uses, when combined with a...more

The Proposed Costco Class Action Makes Clear That No Product Is Exempt From PFAS Litigation

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. The plaintiffs allege that although the baby...more

PFAS Litigation: BIC Sued Over ‘Forever Chemicals’ in Razors

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...more

Prime Time for Prime Hydration: YouTubers Clash With PFAS Regulations

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages. PFAS, commonly referred to as “forever...more

Diffusing the ‘Nuclear’ Verdict Through Strategic Defense

Runaway verdicts against large corporations are on the rise. Recently, ExxonMobil was hit with a $725 million verdict in a single-plaintiff case when the jury found that the company failed to warn consumers about the...more

California Supreme Court to Review Newly Created Duty to Market a “Safer” Product Even in the Absence of a Defect

On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its...more

PFAS Phaseout Bill Introduced in Congress as State and EPA Regulations Develop

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...more

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