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Prop 65 Roundup - October 2025

“California Court Ruling Endangers Public Health by Failing to Require Processed Meat on Prop 65 List of Carcinogens” Claims the Physicians Committee for Responsible Medicine - In what the Physicians Committee...more

California Beats MAHA to Define ‘Ultra-Processed Food’ in Its Real Food, Healthy Kids Act (AB 1264)

Rather than waiting for the “ultra-processed food” (UPF) definition promised by the federal government’s Make America Healthy Again (MAHA) Commission, the California legislature has forged ahead to produce its own definition...more

Prop 65 Roundup - September 2025

California Finally Proposes a Prop 65 Cancer Safe Harbor Level for DEA - On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65...more

California Finally Proposes a Prop 65 Cancer Safe Harbor Level for Diethanolamine

On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65 no-significant-risk level (NSRL) for diethanolamine (DEA), first listed for cancer...more

EPA Proposes Easing the TSCA PFAS Reporting Rule

The US Environmental Protection Agency (EPA) has submitted a proposed revision to the Toxic Substances Control Act (TSCA) reporting rule for per- and polyfluoroalkyl substances (PFAS) to the White House Office of Management...more

Federal Court Blocks Prop 65 Warning for Titanium Dioxide in Cosmetics

In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound...more

RFK Jr., HHS Pull the Plug on Federal Funding for mRNA Vaccine Research and Development

On August 5, the US Department of Health and Human Services (HHS) announced a significant change in its vaccine development strategy, ending its support for mRNA vaccine projects under the Biomedical Advanced Research and...more

FDA Releases its Expanded Decision Tree, a New Tool for Toxicity Screening of Chemicals in Food

On July 30, the US Food and Drug Administration (FDA) released its Expanded Decision Tree (EDT), a new science-based tool designed to screen and evaluate the safety or toxicity of chemicals in food....more

FDA Declares PFAS Polymers in Medical Devices Safe and Currently Irreplaceable

On August 6, the US Food and Drug Administration (FDA) issued an update regarding the use of per- and polyfluoroalkyl substances (PFAS), specifically fluoropolymers such as polytetrafluoroethylene (PTFE), in medical devices....more

FDA and USDA Seek Public Input to Help Define ‘Ultra-Processed Foods’ as Part of MAHA Campaign

On July 23, the US Food and Drug Administration (FDA) and US Department of Agriculture (USDA) announced a coordinated initiative to address health risks associated with so-called “ultra-processed foods.”...more

PFAS Lawsuit Against Hershey Faces Legal Pushback Over Scientific Claims

In October 2024, Grizzly Research LLC issued the so-called Grizzly Report, which shared the results from its testing at four different laboratories across the United States, Germany, and China to compare the presence of per-...more

FDA Unveils a Tool for Prioritizing Food Chemicals for Post-Market Assessment

On June 18, the US Food and Drug Administration (FDA) released for public comment a proposed method for ranking chemicals present in the food supply to determine which should be prioritized for post-market safety assessments....more

RFK Jr. Sets Sights on Currently Authorized Synthetic Food Dyes

On April 22, at the direction of US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., both the US Food and Drug Administration (FDA) and HHS published identical statements announcing the...more

What Life Sciences Companies Need to Know in 2025

Key Insights for Pharma Manufacturers Regarding the AKS - In a series of recent legal challenges initiated by the pharmaceutical industry against the US Department of Health and Human Services Office of the Inspector General...more

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

Prop 65 Roundup - March 2025

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

Five Key Topics for Beverage and Food Companies in 2025

2025 will be a transformational year for the beverage and food industry, which has already been dramatically impacted by shifting market trends and profound policy changes. Here are the top five topics influencing the...more

RFK Jr. Takes Aim at GRAS Self-Affirmation Process

On March 10, the US Department of Health and Human Services (HHS) announced that newly confirmed HHS Secretary Robert F. Kennedy Jr. has directed acting US Food and Drug Administration (FDA) Commissioner Dr. Sara Brenner to...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

Prop 65 Roundup - January 2025

What Food Product Companies Need to Know About the New Proposition 65 Warning Requirements - On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition...more

Death Knell Sounds for PFAS-Containing Food Packaging Materials

On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances...more

California Expands Proposition 65 Listing of BPS as New Warning Requirements Take Effect

California’s Proposition 65 requires businesses to provide warnings to California consumers about significant exposures to chemicals it has determined to cause cancer, birth defects, or other reproductive harm when exposure...more

Newsflash: What the New Proposition 65 Short-Form Warnings Mean for Consumer Products Companies

After three years of various proposals, on December 6, the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements Proposition 65, finally announced new amendments to “short-form” warning...more

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