In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS Considerations for the Ag and Food Markets," Lathrop GPM attorneys, Jessie Rosell and Grant Harse discuss the growing awareness and action around per- and polyfluoroalkyl substances (PFAS) or "forever chemicals" and how changes to EPA's and USDA's proposed classifications and guidelines for PFAS can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to further restrictions on PFAS in food packaging, and updated drinking water ...

In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS in Agriculture: What Agri-Business Sector Needs to Know about the Latest Emerging Contaminants," Lathrop GPM attorneys Ally Cunningham, Jessie Rosell, Matt Walker, and Shanna McCormack discuss the EPA's and USDA's proposed classifications and guidelines for PFAS. These changes can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to federal aid payments received by dairy farmers for PFAS contamination, and updated drinking ...

Ally Cunningham, Jessie Rosell and Matt Walker recently contributed to The Franchise Memorandum where they discuss the recent wave of consumer-product class actions involving PFAS against quick-service restaurant franchisors. These lawsuits allege that the restaurants misrepresented the safety and quality of their food in advertising statements because the packaging was coated with PFAS, which plaintiffs contend can leach into the food and potentially cause harm to human health. To view the post, click here. 

A multi-year investigation into Michigan’s wastewater treatment plants led to a recent discovery—PFAS chemicals made their way into Michigan’s beef supply. While PFAS contaminations have occurred in isolated beef populations in states like New Mexico, this was the first occurrence in Michigan.

What’s the concern? Accumulation in humans.

PFAS are a class of man-made compounds that are used to create fluoropolymer coatings which make products resistant to heat, oil, stains, grease, and water. Their pervasiveness results in countless sources of PFAS contamination ...

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 ...

Legal tensions surrounding PFAS in food have intensified in recent years, and they are likely to become more heated. We suggest that there are four steps companies can proactively take to enhance customer safety and limit possible damages related to PFAS litigation, including:

• Determine the source of the PFAS
• Determine how the liability - and risk - could be spread
• Know that civil liability often comes with regulatory liability
• Make sure your records are good

To read more, view the full article in Food Safety Magazine, here.