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PFAS in Cookware: State-by-State Regulations

In the absence of comprehensive federal regulation of PFAS in cookware, states are enacting and proposing their own laws. Thus far, eight (8) states have enacted laws addressing PFAS substances in cookware and bakeware...more

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

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

PFAS In Consumer Products: State-by-state Regulations - July 2024

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This...more

PFAS in Children’s Products: State-by-State Regulations - March 2024

PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products. Thus far, eight states have enacted legislation concerning...more

Proposition 65 Update: Short Form Warnings May Get Longer

As a result of changes to the Proposition 65 warning requirements that went into effect in 2018 many businesses have chosen to use the “short-form” warning which does not require the identification of a specific chemical....more

California Bans Use of Certain Food Additives

The California Food Safety Act, a law that bans the sale of foods containing four specific chemical additives, has been signed into California law. The law takes effect on January 1, 2027....more

California Legislature Approves Bans on PFAS in Cleaning Products and Artificial Turf

Last week the California legislature passed two bills regulating PFAS in certain products: ..AB 727 which restricts the use of PFAS in cleaning products and floor sealers and finishes; and ..AB 1423 which restricts the...more

Part 3 in MoCRA Series: FDA Guidance on Cosmetic Product Listings

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is is the most significant expansion of FDA’s authority to regulate cosmetics since the Federal Food, Drug, and Cosmetic (FD&C) Act was passed in 1938. As we...more

Part 2 in MoCRA series: FDA guidance on facility registrations

The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) is significantly changing regulation of the cosmetics industry in the U.S. For the first time, cosmetics manufacturers and brand owners will need to register...more

FDA Issues Draft Guidance on Complying With MoCRA

The U.S. Food and Drug Administration has issued a draft guidance to assist companies submitting cosmetic product facility registrations and cosmetic product listings to the FDA in compliance with the Modernization of...more

CPSC Publishes New Mandatory Standard for Clothing Storage Units

The U.S. Consumer Product Safety Commission last week published a final rule finding that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopting it as a...more

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Assessing Slavery and Human Trafficking Risks

The Modern Slavery Act (“MSA”) was introduced in the United Kingdom in October 2015 introducing criminal offences of slavery, servitude, forced or compulsory labour and human trafficking. However, its most profound impact has...more

New York Law to Take Effect Requiring Warning, Tip Restraints for Clothing Storage Units

New York furniture retailers and manufacturers have until October 12, 2019 to comply with a New York state law that requires that clothing storage units be labeled with a permanent tip hazard warning and sold with a tip...more

California Prop. 65 Regulation Exempts Certain Coffee Chemicals From Cancer Warning; Stay in Coffee Case Lifted

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has finalized a highly anticipated Proposition 65 regulation relating to coffee. The regulation, California Code of Regulations Section 25704, takes...more

CPSC Notifies Consumer Product Manufacturers of Possible Data Breach of Safety Information

A number of retailers and manufacturers have recently received notices from the U.S. Consumer Product Safety Commission concerning a possible data breach. The CPSC’s letter advises recipients of an unauthorized release of...more

WARNING: New Proposition 65 “Clear and Reasonable Warning” Requirements Effective August 30, 2018

Retailers and manufacturers should take steps now to ensure they are compliant with the new California Proposition 65 warning regulations that take effect on August 30, 2018. Proposition 65 prohibits retailers and...more

FTC Warns Against Warranty Conditions in Violation of Magnuson-Moss Warranty Act

The FTC has sent warning letters to six major companies that market and sell automobiles, cellular devices, and video gaming systems warning against warranty tie-in provisions that state consumers must use specified parts or...more

Prop. 65 Point-of-Sale Warnings Expiring for BPA in Food and Beverage Products

The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more

California Proposition 65 Actions Expected to Target Furfuryl Alcohol in Food and Beverages

The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more

California’s New Prop. 65 Warning Regulations Put Primary Burden for Providing Warning on Manufacturers

Companies that do business in California should be familiar with Proposition 65, which prohibits knowingly and intentionally exposing consumers to a chemical known to the state to cause cancer or reproductive harm without...more

“Made in the USA” Claims

Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United...more

Prop. 65 Conference Focuses on Compliance With New Warning and Settlement Regulations

The Prop. 65 Clearinghouse held its annual conference in San Francisco recently, and the speakers and panelists had a number of recommendations for both retailers and manufacturers following the adoption of Proposition 65’s...more

California Adopts New Prop. 65 Warning Regulations

California’s Office of Environmental Health Hazard Assessment (OEHHA) has adopted new Proposition 65 warning regulations. The new regulations will take effect in two years, on August 30, 2018. In the interim, businesses may...more

California Adds Group of Herbicides to Proposition 65 List

Following a failed legal challenge by Syngenta Crop Protection, California’s Office of Environmental Health Hazard (OEHHA) has announced that it has added a group of broadleaf herbicides to the list of chemicals under...more

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