The so-called “Skittles Ban” is no more, but earlier this week the California legislature passed a novel bill that would ban four food additives from grocery store shelves starting in 2027. Governor Newsom has until October 14 to sign or
Kelley Green Law
Chemical Law and Regulatory News and Insights
Kelley Green Law, published by Kelley Drye & Warren LLP, focuses on legal developments related to chemical regulations, environmental law, and product safety. The blog covers state and federal regulatory actions concerning substances such as per- and polyfluoroalkyl substances (PFAS), food additives, and other chemicals of concern. It reports on legislative changes, regulatory proposals, enforcement actions, and compliance requirements affecting manufacturers, suppliers, and distributors. Topics include bans and restrictions on chemicals in consumer products, reporting obligations under environmental laws, and the availability of safer alternatives. The blog provides updates on regulatory trends in various states, including California, Maine, and Washington, and discusses implications for industry and public health.
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Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives” (Comments requested by Monday August 21)
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019…
Washington State Adopts Restrictions and Reporting Requirements for PFAS, Flame Retardants, Phthalates and Bisphenols in Wide Range of Consumer Products
Joining the ranks of California, Minnesota, Maine, and New York, Washington state has officially finalized a ban on the manufacture, sale, and distribution of a variety of products containing per- and polyfluoroalkyl substances (“PFAS”), as well…
Maine Delays PFAS Reporting Requirement For Two Years
In the midst of already tumultuous regulatory change, Maine’s Department of Environmental Protection (“MDEP”) has officially delayed the reporting requirements of their landmark per- and polyfluoroalkyl substances (“PFAS”) regulation for two years. The delay was promulgated pursuant to legislation…
With TRI Reports due July 1, EPA Expands List of Reportable PFAS
With the annual July 1 deadline for filing Toxic Release Inventory (“TRI”) reports right around the corner, on June 22nd, the U.S. Environmental Protection Agency (“EPA”) finalized the addition of nine more per- and polyfluoroalkyl substances (“PFAS”) to the list…
Draft Model State PFAS Legislation: A More Holistic Approach To Regulating “Forever Chemicals” in Consumer Products
A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA)…
Maine Readies Proposed Rule on PFAS in Food Packaging
The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to state lawmakers by a DEP representative at…
Minnesota Considering Extensive Reporting Requirements and Ban on PFAS in Consumer Products
Last week, the Minnesota House passed the state’s largest-ever environmental and natural resources funding bill, including a ban on per- and polyfluoroalkyl substances (“PFAS”) in many consumer products beginning in 2025, with a ban on most such applications in 2032.…
Maine Reexamines PFAS Ban and Reporting Regulations
“First movers” in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances (“PFAS”) chemicals in consumer products. …
New York Expands PFAS Apparel Ban
The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by Governor Kathy Hochul in…