Duane Morris

October 24, 2023 by Duane Morris

Class Action Suit Alleging Deceptive Marketing of PFAS-Containing Mascaras Dismissed in New York Federal Court

On September 30, 2023, the US District Court for the Southern District of New York dismissed a putative class action in which plaintiffs claimed they would not have purchased or paid a premium price for certain waterproof mascaras had they known of the presence of per- and polyfluoroalkyl substances (“PFAS”).

In a 22-page opinion, the court held that plaintiffs failed to sufficiently allege that the mascaras they individually purchased actually contained PFAS, or that there was a material risk that they did; thus, plaintiffs could not establish an actual injury.

To read the full text of this blog post by Duane Morris attorney Kelly Bonner, please visit the Duane Morris Fashion, Retail and Consumer Branded Products Blog.

October 11, 2023 by Duane Morris

EPA’s PFAS Reporting Rule Requires Data Going Back to 2011

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its final Toxic Substances Control Act (TSCA) Section 8(a) reporting rule. It expands reporting and recordkeeping requirements for companies that have manufactured or imported per- and polyfluoroalkyl substances (PFAS) for a commercial purpose—whether as a chemical substance or in a mixture or article—since January 1, 2011. Entities subject to this rule will need to submit reporting forms for retrospective data either 18 or 24 months following the rule’s effective date, which is 30 days after its publication in the Federal Register.

Read the full Alert on the Duane Morris LLP website.

March 28, 2023 by Duane Morris

EPA Now Taking Comments on Its PFAS Enforcement Discretion Policy

On September 6, 2022, the U.S. Environmental Protection Agency (EPA) issued its proposed rulemaking to designate certain per- and polyfluoroalkyl substances (PFAS) as Hazardous Substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which would have a significant legal impact across the country and create potential liability for PFAS release and/or contamination for a broad set of entities in numerous industries. Accordingly, the EPA has been developing an enforcement discretion policy and recently concluded two public listening sessions to seek stakeholder input on concerns about CERCLA enforcement for PFAS contamination. The EPA will review and consider the input received as it finalizes the CERCLA PFAS enforcement discretion policy.

Read the full text of this Alert on the Duane Morris LLP website.

March 16, 2023March 28, 2023 by Duane Morris

PFAS Limits in Public Drinking Water Set Forth in Proposed EPA Rule

On March 14, 2023, the Environmental Protection Agency (EPA) announced a proposed new National Primary Drinking Water Regulation (NPDWR), which standardizes and sets the legally enforceable maximum contaminant levels (MCLs) of six per- and polyfluoralkyl substances (PFAS) in drinking water. The proposed regulation also sets nonenforceable maximum contaminant level goals (MCLGs).

Read the full text of this Alert on the Duane Morris LLP website.

January 4, 2023January 11, 2023 by Duane Morris

Modernization of Cosmetics Regulation Act Requires FDA to Assess Use of PFAS

On December 23, 2022, Congress significantly expanded the FDA’s regulatory authority over cosmetics as part of its year-end Consolidated Appropriations Act of 2023, the first major statutory change to the Food, Drug and Cosmetics Act (FDCA) regarding the regulation of cosmetics since the FDCA’s enactment in 1938.

Passed with bipartisan support and garnering industry approval, the Modernization of Cosmetics Regulation Act (MCRA) amends Chapter VI of the FDCA and contains a number of key provisions, requirements and dates for compliance. The MCRA further requires the FDA to publish a report no later than 2025 assessing the use of per- and polyfluoroalkyl substances (PFAS) in cosmetics and safety risks associated with such use.

Read the full story on the Duane Morris LLP website.

December 8, 2022January 6, 2023 by Duane Morris

Proposed EPA Rule Will Eliminate De Minimis Exemptions for PFAS and All Chemicals of Special Concern Under EPCRA

On December 5, 2022, the U.S. Environmental Protection Agency published a proposed rule to add all per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act to the list of chemicals of special concern. The addition of PFAS to the list of chemicals of special concern will subject them to the same, more burdensome reporting requirements as other chemicals of special concern, including eliminating availability of the de minimis exemption for purposes of calculating reporting thresholds.

Read the full story on the Duane Morris LLP website.

September 1, 2022January 11, 2023 by Duane Morris