As published on Hunton’s Nickel Report, in May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances in 2025 and then all products in 2032, and also establishes reporting requirements for products containing PFAS starting in 2026.
Continue Reading Minnesota Becomes Second State to Pass Sweeping PFAS Ban and Reporting Law Targeting All Products
EPA Releases Another Compliance Advisory on Pesticide Devices Due to “Substantial Non-Compliance” with FIFRA Requirements
In February 2023, the US Environmental Protection Agency’s Office of Enforcement and Compliance Assurance quietly released a Compliance Advisory “What You Need to Know about Producing, Distributing, or Selling Pesticide Devices.”
Continue Reading EPA Releases Another Compliance Advisory on Pesticide Devices Due to “Substantial Non-Compliance” with FIFRA Requirements
Electric Vehicle Charging Infrastructure at Retail Establishments
Electric vehicles are becoming increasingly popular, especially with rising gas prices over the past year. EVs now make up roughly three percent of the global vehicle fleet, up from one percent at the end of 2020.
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FTC is “Talking Trash” and Zeroing-in on “Recyclable” Claims
The FTC has announced the next step in its ongoing review of the “Green Guides.” According to the FTC’s most recent announcement, it is zeroing-in on “recyclable” claims and will be hosting a workshop titled “Talking Trash at the FTC: Recyclable Claims and the Green Guides.”
Continue Reading FTC is “Talking Trash” and Zeroing-in on “Recyclable” Claims
Maine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFAS
The Maine Department of Environmental Protection recently released a long anticipated proposed rule that would implement the procedures for Maine’s 2021 law requiring manufacturers to submit notifications to DEP for products and product components containing intentionally added per- and polyfluoroalkyl substances sold in the state.
Continue Reading Maine Department of Environmental Protection Releases Proposed Rule Implementing the Procedures for Maine’s Reporting Requirements and Prohibitions for Products Containing PFAS
FTC Extends Deadline for Public Comment on Green Guides to April 24, 2023
The FTC has announced that it is extending by 60 days (from February 21 to April 24, 2023) the public comment period on potential updates to the agency’s “Green Guides.”
Continue Reading FTC Extends Deadline for Public Comment on Green Guides to April 24, 2023
Do the Products You Sell Contain PFAS?
Per- and polyfluoroalkyl substances (PFAS) have taken center stage. The Biden administration’s regulatory agenda plans numerous revisions to environmental regulations to address this broad class of pervasive substances. While the US Environmental Protection Agency grapples with implementing these initiatives, states are aggressively forging ahead with their own plans.
Continue Reading Do the Products You Sell Contain PFAS?
FTC Issues Green Guides Questionnaire
As we recently reported, the FTC voted to issue a notice in the Federal Register seeking input on updating its Green Guides. The FTC’s notice seeks input on a number of areas addressed by the current Guides, which last were updated in 2012.
Continue Reading FTC Issues Green Guides Questionnaire
EPA Draws Link Between Low-Dose Formaldehyde Exposure and Cancer
On April 14, 2022, the United States Environmental Protection Agency released an updated draft risk assessment for formaldehyde, in which it links long-term, low-dose inhalation of the common chemical to leukemia and various cancers involving the head and neck. EPA has also identified potential links to non-cancer health outcomes, including sensory irritation, respiratory problems, reproductive and developmental toxicity, and nervous system effects. The risk assessment associates these potentially adverse health effects with lifetime doses even lower than those identified by EPA in its 2010 draft, which EPA had agreed to revisit after the scientific community and industry stakeholders criticized its methodology.
Continue Reading EPA Draws Link Between Low-Dose Formaldehyde Exposure and Cancer
FTC Uses Civil Penalty Authority in Rayon-as-Bamboo Cases
Several retailers recently settled cases with the FTC over allegations they deceptively marketed “bamboo” textiles. These cases come as some of the first, if not the first, instances of the FTC using its revived civil penalty authority to punish initial offenses by retailers.
Continue Reading FTC Uses Civil Penalty Authority in Rayon-as-Bamboo Cases