PFAS Playbook

In an August 5^th letter to the food packaging industry, the U.S. Food and Drug Administration (FDA) issued a reminder to manufacturers, distributors, and users of fluorinated polyethene food packaging of the limitations of fluorinated polyethylene containers that are authorized for food contact use. The FDA also reminded the food packaging industry that the manufacturing of such packaging must be made under specific conditions and in compliance with existing FDA regulations.

The FDA’s letter comes in the wake of recent testing performed by the Environmental Protection ...

On August 6, 2021, Gov. J.B. Pritzker signed into law S.B. 561, known as the PFAS Reduction Act. The new law focuses on Class B firefighting foams, commonly referred to as aqueous film forming foams, which have been widely recognized as a source of per and polyfluoroalkyl substances (PFAS). Among other provisions, the PFAS Reduction Act directs the following:

• Prohibits any person (including local governments and fire departments) from discharging Class B firefighting foams containing PFAS during training exercises or testing, except under certain conditions.
• After January 1 ...

Last month, the Environmental Protection Agency (EPA) released a proposed rule that would require more data from manufacturers on per- and polyfluoroalkyl substances (PFAS) made since 2011. In the proposed rule, which can be read here, EPA announced their intention to gather certain information going back to January 1, 2011 in accordance with revisions to the Toxic Substances Control Act (TSCA) mandated by the FY 2020 National Defense Authorization Act (NDAA). This one-time reporting obligation would apply to both chemical manufacturers and processors, as well as ...