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This is the ninth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic...more
If a company makes, distributes, or sells consumer products—including food products—containing chemicals that might turn the leaves brown, proposed amendments to California’s Proposition 65 may saddle it with additional...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
On May 24, 2023, Minnesota enacted HF 2310, which includes a number of PFAS restrictions in consumer products. As discussed below, several categories of products can no longer contain intentionally added PFAS beginning on...more
On August 26, 2022, the Environmental Protection Agency (“EPA”) announced that it is proposing to designate perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as Hazardous Substances under the...more
EPA recently issued significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances as a result of their premanufacture notices (PMNs). These rules require affected persons to...more
On January 8, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect how businesses may use short-form Proposition 65 warnings. Proposition...more
August 2020 marked the end of COVID-19 summer, back-to-Zoom-school for families, and in the Proposition 65 (“Prop. 65”) world, a continued shift in trends of Prop. 65 claims. In August, citizen enforcers sent just under 300...more
The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning...more
The California Office of Environmental Health Hazard Assessment (OEHHA) recently adopted amendments to California Code of Regulations, section 25600.2 – the section titled “Responsibility to Provide Consumer Product Exposure...more
There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65 or Prop 65) that require businesses with 10 or more employees to...more
California’s “Proposition 65” requires manufacturers and others in the chain of distribution to warn consumers before causing them to be exposed to a list of almost 900 chemicals “known to the State of California to cause...more
I hope your 2019 is off to a good start! I have been tracking Prop. 65 filings this year, and it is evident that many of the usual products (general consumer products), chemicals (lead and phthalates), noticing parties and...more
As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018. Your business...more
The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more
EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more
In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more