Insights on PFAS Law

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.

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.

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.

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

Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”

In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas such as trade, tariffs, and immigration, which will profoundly affect global supply chains and labor dynamics.

Welcome back to the AFS Fashion Insiders Executive Forum. Consumer Products Industry Group Co-Leaders Katia Asche and Matthew R. Mills discuss the ballooning legislation across states and in the federal government regulating “greenwashing” and the use of PFAS or “forever chemicals” in products ranging from food to apparel to kitchenware.

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 containing per- or polyfluoroalkyl substances (PFAS) are no longer effective.

As we reported last month, a California federal court recently dismissed a per- and polyfluoroalkyl substances (PFAS) class action complaint on the basis that the plaintiffs’ total organic fluorine (TOF) analysis testing method was insufficient to support their allegations that the defendants’ products contained PFAS. Prior to this, courts had dismissed similar lawsuits based on lack of standing, holding that the plaintiffs failed to allege that the specific products they purchased were found to contain PFAS.

Prop 65 Counsel: What To Know

On October 15, a California federal court handed down a ruling that significantly undermines the so-called “gold standard” of per- and polyfluoroalkyl substances (PFAS) testing relied upon by most plaintiffs in similar types of litigation.

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners.

Consumer Products Industry Group co-leader, Lynn R. Fiorentino, panelist for the “PFAS: What You Need to Know When Testing or Defending a Product” session during the Prop 65 Annual Conference in San Francisco, California.

Prop 65 Counsel: What To Know

The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation.

The US Environmental Protection Agency (EPA) has just announced an eight-month postponement of the start of a major reporting requirement for past use of per- and polyfluoroalkyl substances (PFAS) in consumer products due to its own reporting software issues.

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

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.

On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes.

As we have reported at length, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) imposed extensive new requirements related to cosmetic products marketed in the United States.

On May 15, BIC USA Inc. was hit with a proposed class action in California federal court concerning allegations that some of its razors contain per- and polyfluoralkyl substances (PFAS), sometimes referred to as “forever chemicals.”

Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.

Amid a rise in state laws and regulations governing per- and polyfluoroalkyl substances (PFAS), two congressional Democrats introduced the Forever Chemical Regulation and Accountability Act (FCRAA) in their respective chambers on April 18.