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Supply Chain Toxic Chemicals

Holland & Knight LLP

Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?

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The U.S. Environmental Protection Agency (EPA) published a far-reaching and important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and...more

BakerHostetler

California’s Continuing Crusade Against PFAS-Containing Products

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A series of recent California laws have placed significant restrictions on the sale of certain products in the state that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). California hopes, by...more

Sheppard Mullin Richter & Hampton LLP

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

Thomas Fox - Compliance Evangelist

The Impact of PFAS ‘Forever Chemicals’ in Product Compliance

I recently had the opportunity to visit with Cally Edgren, a Senior Director of the Regulatory Expert team at Assent, who has nearly three decades of experience in manufacturing and has dedicated her career to helping...more

Wiley Rein LLP

Beware of the Looming Supply Chain Challenges for PFAS Reporting Under TSCA

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Welcome back to The WELL. Let’s begin with an adaptation of the “The Ant and the Grasshopper,” when they met this summer on a field. The Grasshopper was relaxing because the final Perfluoroalkyl and Polyfluoroalkyl Substances...more

Downey Brand LLP

Proposition 65 Quarterly Highlights - March & June 2023: Prop. 65 Plaintiffs are “Fishing” for More…

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Downey Brand’s latest roundup of Proposition 65 Notices of Violation (“Notices”) summarizes the Notices filed in the first two quarters of 2023. Between the first and second quarters of 2023, citizen plaintiff groups...more

Holland & Knight LLP

Minnesota Joins Maine in Enacting Comprehensive PFAS Reporting Requirements

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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

Troutman Pepper

Tennessee AG Sues More Than 20 PFAS Manufacturers

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Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more

Cadwalader, Wickersham & Taft LLP

Investor Coalitions Urge Consumer Goods Companies to Take Action to Reduce Plastics

In a statement released on May 3, 2023, the Dutch Association of Investors for Sustainable Development (VBDO) called for companies in the fast-moving consumer goods (FMCGs) and grocery retail sectors to reduce their...more

Goldberg Segalla

Pandora’s Reopener Box: Lying in Wait when PFAS Compounds Become “Hazardous Substances” under CERCLA

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The U.S. EPA published its PFAS Strategic Roadmapbooklet in October 2021 and, true to its word, has come very close to meeting most of its self-imposed deadlines to tackle the truly difficult environmental- and human-health...more

Goldberg Segalla

PFAS ALERT: What Happens in California Won’t Likely Stay in California

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In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...more

Downey Brand LLP

California Bans Regulated PFAS from Apparel, Textiles, and Cosmetics

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On September 29, 2022, Governor Newsom signed AB 1817 and AB 2771 into law, which prohibit the manufacture, distribution, sale, and offering for sale of new “textile articles” that contain “regulated perfluoroalkyl and...more

Environmental General Counsel PC

It's a Global World: Product Stewardship

For a variety of reasons (e.g., consumer/shareholder demands, laws regulating chemical use, potential liabilities, corporate ESG/sustainability policies), concern about chemicals in the supply chain have increased over the...more

BakerHostetler

What Is a PFAS, and Why Should I Care? Part III - California’s Proposition 65

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In Part I and Part II of this blog series, we introduced and discussed per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” which have been recent targets of consumer class actions and...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a...

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As compared to prior months, the start of the new year was relatively “slow” in terms of the number of Proposition (“Prop. 65”) Notices of Violation (“Notices”) that citizen plaintiff groups issued alleging new Prop. 65...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Environmental General Counsel PC

ESG Checklist -- A Prop 65 Compliance Program?

In California, the Proposition (“Prop”) 65 landscape continues to evolve – notices of violations (“NOVs”) issued for products that do not contain or emanate a Prop 65 chemical, novel constitutional theories raised by defense...more

Downey Brand LLP

Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta

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In October 2021, citizen plaintiff groups issued more than two hundred fifty (250) new Proposition 65 (“Prop. 65”) Notices of Violation (“Notices”), including some amended Notices to add additional products and/or new alleged...more

Wiley Rein LLP

2BInformed: The EPA’s Impact on Supply Chains and Climate Change, and Defining “Unreasonable Risk”

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On this week’s episode of 2BInformed, Erik Baptist and Charlotte Bertrand discuss critical supply chains, climate change, and the meaning of “unreasonable risk” under the Toxic Substances Control Act (TSCA). Erik and...more

Williams Mullen

A Primer on Statutory Protections for Intermediary Sellers in Toxic Tort Cases

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Consider the following hypothetical: for the last decade, Distributor, Inc., had great success selling Acme Co. widgets. The widgets are a useful consumer product, previously deemed safe for household use around kids and...more

Fox Rothschild LLP

California Expands Review Of PFOS, PFOA To Include Cancer Risk

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The California Office of Environmental Health Hazard Assessment (OEHHA) is expanding its review of potential substances to add to its Proposition 65 list of chemicals that cause cancer. Earlier this year, the state...more

Hogan Lovells

California’s OEHHA proposed modified regulation on warnings for chemicals formed during cooking

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On Friday, 16 April 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA), the lead agency that implements California’s Proposition 65, proposed modified language for its new regulation on the warning...more

Foley & Lardner LLP

PBT Regulations Update - No Action Assurance for PIP (3:1) Articles and New Request for Comments

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After a recent flurry of concerns over the potential for widespread supply-chain interruptions, the United States Environmental Protection Agency (“EPA”) issued a 180-day No Action Assurance (NAA) regarding the new...more

BCLP

New Toxic Chemical Regulations: Is Your Supply Chain Impacted?

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There are new chemical regulations on the block, and your company’s supply chain might be implicated. These rules prohibit both the manufacturing of certain bioaccumulating chemicals as well as the distribution of products...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

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In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

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