Verdant Law Gives Presentation on the PFAS Regulatory Landscape at Annual Product Stewardship Conference

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Verdant Law is pleased to announce that Irene Hantman gave a presentation on the PFAS Regulatory Landscape at the annual Product Stewardship Conference. Hantman presented brief case studies on how different states are regulating PFAS in their communities, including but not limited to:

  • California’s ban on food packaging containing PFAS that is intentionally added to a product or more than 100 ppm of PFAS. (Effective date January 2023)
  • Colorado’s ban on certain products containing additionally added PFAS, including carpets and rugs, cosmetics, food, packaging, children’s toys and more. (Effective date January 2024)
  • Maryland’s ban on food packaging designed for direct food contact that contains intentionally added PFAS. (Effective date January 2024)
  • North Carolina’s petition to EPA for PFAS Testing under TSCA Section 21 requesting testing on a variety of PFAS manufactured by Chemours.

Additionally, Hantman discussed PFAS regulations on the federal level. She highlighted EPA’s proposed PFAS reporting rule under TSCA (87 FR 33926), which would require all manufacturers and importers of PFAS listed on the active TSCA Inventory to report uses, volumes manufactured, environmental and health effects, worker exposure, and disposal. Hantman further detailed the reporting the comprehensive reporting standard and industry commentary on the proposed rule.

Also discussed was the National PFAS Testing Strategy released in October 2021, permitting EPA to issue test orders to manufacturers of PFAS substances and the first set of test orders EPA just recently issued. EPA’s ending of LVE exemptions for PFAS, the imposition of SNURs on approximately 150 PFAS, and the new regulation of PFAS under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was also included in Hantman’s presentation. Briefly mentioned were PFAS consumer product litigation including:

  • A lawsuit against Burger King over PFAS in Whopper Wrapping. (April 2022; voluntarily dismissed in August 2022)
  • Class action lawsuits against Burt’s Bees, L’Oreal, Cover Girl Cosmetics, and Shiseido over the use of PFAS in various cosmetic products. (2021 & 2022)
  • A class action lawsuit against REI over PFAS in “sustainable gear” including waterproof jackets. (April 2022; voluntarily dismissed in July 2022)

If you have questions about the topics of this presentation, please contact Irene Hantman.