Insights on Consumer Products

Two recent dismissals in the per- and polyfluoroalkyl substances (PFAS) class action landscape expose a significant weakness in these claims.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, is presenting at the 2025 American Conference Institute (ACI) Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products West Coast Edition.

Prop 65 Counsel: What To Know

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 in 2012.

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 and Budget (OMB) for review.

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 particles of respirable size) in cosmetics and personal care products is unconstitutional under the First Amendment.

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. The FDA concluded that, based on current scientific evidence, there is no reason to restrict the continued use of fluoropolymers in medical devices.

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- and polyfluorinated alkyl substances (PFAS) in The Hershey Company’s packaging with competitors like Nestlé and Ferrero.

A recent order from the Ninth Circuit Court of Appeals has brought a somewhat novel legal question to the forefront: Do automobile manufacturers owe municipalities a duty of reasonable care in designing, manufacturing, and distributing vehicles to prevent theft?

In a decision earlier this year, the US Supreme Court held that plaintiffs bringing civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims may be able to recover damages for business or property losses that stem from personal injuries.

Join ArentFox Schiff Partner Pamela Deese for a Licensing International webinar.

Join Angela Santos at the American Apparel & Footwear Association 2025 Global Supply Chain & Trade Conference.

While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims.

Chairman Anthony Lupo and Consumer Products Group Co-Leader Michelle Mancino Marsh were quoted on how attorneys play a pivotal role behind the scenes at the Met Gala, one of the world’s premier fashion events.

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

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” when developing rules governing PFAS and other chemicals.

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 chemicals, including per- and polyfluoroalkyl substances (PFAS).

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 “essential uses” and without alternatives.

Consumer Products Co-Leader Katia Asche discussed California’s Assembly Bill 728, which seeks to ban the sale of over-the-counter skincare products containing retinol and alpha hydroxy acid (AHA) to minors under the age of 18.

Prop 65 Counsel: What To Know

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 strategies and growth plans of beverage and food companies.

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer responsibility (EPR) law.

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, the industry group continues to advocate for cookware exemptions with a track record of success across the nation.

ArentFox Schiff LLP is proud to announce that the firm’s Trademark practice and 10 attorneys have been ranked in 2025 WTR 1000 – the World’s Leading Trademark Professionals, the definitive guide for intellectual property (IP) practitioners.

With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year.