AD Nauseam: Negative Options – From Wine, to Cookies, to Gyms – Everything You Need to Know
Comment Deadline Approaching: Proposed Amendments Restricting Use of Prop 65 Short-Form Warnings
Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more
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
Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more. ...more
Over the past few years, the regulation of per- or polyfluoroalkyl substances (PFAS) in consumer products has exploded. While manufacturers, distributors, and retailers have focused on significant new consumer product PFAS...more
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
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
Consumer product laws regulating per- and polyfluoroalkyl substances (“PFAS”) have proliferated in the United States in the past few years with little consistency....more
There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more
In 2021, Maine passed the most sweeping law related to the regulation of PFAS in consumer products at that time. Subsequently, the law was amended in 2023, and on April 16, 2024, Governor Mills signed L.D. 1537, entitled “An...more
With Gov. Jared Polis’ signature on SB 81, Colorado has broadened its restrictions on products containing intentionally added per- and polyfluoroalkyl substances (“PFAS”) to include a wide range of consumer products. Colorado...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to regulate two per- and poly-fluoroalkyl substances (PFAS), perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). The...more
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of...more
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
Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more
The new year will be a busy one for federal and state per- and polyfluorinated alkyl substances (PFAS) regulations. There are a number of new federal rulemakings, including those under the Comprehensive Environmental...more
Proposition 65: Quarterly Highlights (October 2023) - Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes Notices filed in the third quarter of 2023. Citizen plaintiff groups filed one...more
As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more
The Consumer Product Safety Commission (CPSC) recently published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) “used in commerce or potentially used in consumer products,” and as directed...more
Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). How big of an...more
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
What You Need to Know in a Minute or Less - In a minute or less, here are the key points manufacturers, distributors, and retailers of consumer products need to know about recent lawsuits related to per- and polyfluoroalkyl...more
Minnesota is competing with Maine to have the most rigorous regulations for per- and polyfluoroalkyl substances (PFAS). Minnesota Gov. Tim Walz signed HF 2310 into law on May 24, 2023. Similar to Maine's PFAS requirements,...more
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products....more
What You Need To Know In A Minute Or Less - PFAS litigation is on the rise, but questions mount as to the science and motivation behind these cases. Per- and polyfluoroalkyl substances (PFAS) gained substantial marketplace...more