Manufacturers, distributors, and retailers of consumer products are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This area is rapidly developing as states create new laws or amend existing ones, and the penalties and litigation risks for non-compliance can be significant. With 13 states having enacted PFAS consumer product laws, and another 10 states having proposed PFAS consumer product laws, the patchwork of state compliance obligations is growing. This panel will provide practical tips on adapting product safety compliance programs to meet evolving PFAS regulatory requirements. Importantly, the panel will tackle the Toxic Substances Control Act (“TSCA”) Section 8(a)(7), U.S. Environmental Protection Agency (EPA) reporting obligations for PFAS, discuss what evidence that reporting is creating for regulators, and how the Consumer Product Safety Commission might be able to use the information to begin regulating PFAS in products.
