Last week, a California court ruled court ruled in the Bounthon et al. v. The Procter & Gamble Co. matter (case number 3:23-cv-00765, in the U.S. District Court for the Northern District of California) that a PFAS detection test called a "total organic fluorine"...
Due Diligence
California PFAS Ban In Products: 6th Largest Global Economy Enters the Fray
We reported extensively on the landmark legislation passed in Maine in 2021 and Minnesota in 2023, which were at the time the most far-reaching PFAS ban in the United States. Other states, including Massachusetts and Rhode Island, have subsequently introduced...
TSCA PFAS Final Reporting Rule Is Here
We have previously written regarding EPA's efforts to create new PFAS rulemaking under the Toxic Substances Control Act (TSCA). On September 28, 2023, EPA released its TSCA PFAS final rule, which significantly expanded reporting and recordkeeping practices related to...
John Gardella Will Present At PCPC Legal Conference On Emerging Litigation Risks
Please join John Gardella of CMBG3 Law in Quebec on May 10, 2023, when he will speak to PCPC members on emerging contaminants of concern to the cosmetics and beauty industries, and the litigation risks that will stem from those contaminants of concern. For more about...
John Gardella To Speak At Dealmakers M&A Conference
Please join John Gardella on March 23, 2023 for the Boston Dealmakers Conference. John will participate on a panel discussion with three prominent executives on the topic entitled “SOLD! Ensuring Your Business Is Ready For Sale." John and the panel will discuss...
ASTM Standards and PFAS….Not So Fast
On March 14, 2022, we reported on the EPA's adoption of revised American Society for Testing and Material (“ASTM”) standards that would, for the first time, include a reference to PFAS. The ASTM changes would be significant for a wide array of entities, including...
ASTM PFAS Standards Closer To Adoption By EPA
In June 2021, we predicted that the American Society for Testing and Material (“ASTM”) would revise its existing “gold standard” for environmental due diligence – the Phase I environment site assessment – to update certain definitions, recommended processes, and for...
Restaurant Greenwashing: Diners Beware or Industry Beware?
In June 2021, a class action lawsuit was filed in California in which restaurant greenwashing was alleged due to sustainability statements made on Red Lobster's menus. Now, Red Lobster has filed pleadings with the court seeking to have the case dismissed, arguing that...
ESG and Fashion: New York Takes Aim At the Industry
ESG and fashion are certainly en vogue in 2022, at least with regulators and legislators. Yesterday, we wrote about the United Kingdom's intent to target the fashion industry in 2022 over alleged greenwashing of consumers for apparel and footwear. Marketing buzzwords...
Greenwashing and Fashion Industry: UK’s Next Target
As the cosmetics industry bore the brunt of a pair of significant greenwashing lawsuits in the United States at the end of 2021, it is now the fashion industry that is the target of regulatory oversight action in the United Kingdom to start 2022. As the Securities and...