PFAS Federal Legislation Proposed

Jul 14, 2020 | Environmental, PFAS, Toxic Tort

On the heels of several other pieces of proposed PFAS legislation recently, U.S. Senators Richard Blumenthal (D-CT) and Jeanne Shaheen (D-NH) and U.S. Representatives Elissa Slotkin (D-MI) and Mike Turner (R-OH) introduced legislation on July 7, 2020 that aims to “reduce exposure of servicemembers and their families to PFAS chemicals.”

The bill, entitled the PFAS Free Military Purchasing Act, would prohibit the Department of Defense from acquiring items that contain PFAS. Specifically, the bill lays out the following specific products that DOD would not be allowed to purchase, if they contain PFAS:

(A) non-stick cookware or food service ware for use in galleys or dining facilities;
(B) food packaging materials;
(C) furniture or floor waxes;
(D) carpeting, rugs, or upholstered furniture;
(E) personal care items;
(F) dental floss; and
(G) sunscreen.

While interesting to note that the proposed legislation focuses on a very narrow set of items that would be banned, this legislation is one of the first that seeks to address PFAS beyond drinking water and stormwater discharge issues. Instead, the legislation focuses on actual products that contain PFAS even though there is not yet any sound scientific evidence that concludes that consumer products that contain PFAS pose a risk of harm to consumers. Nevertheless, our PFAS Team has predicted for over two years that consumer products, such as the ones addressed in the legislation, will be one of the next waves of PFAS litigation in the years to come.

CMBG3 Law is following judicial, legislative, and administrative developments relating to PFAS. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact any of our PFAS – Toxic Torts Team: Jessica Deyoe, Suzanne Englot, Alexandra Fraher,or John Gardella.

Authored By:

John Gardella, Esq.

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