Legal insights in the retail and consumer goods industry

A major move in California may just be a sign of a huge change in the prohibition or strict restriction of hundreds of chemicals in daily consumer products. California is only imposing on the consumer goods industry (eventually, at least most of them may be in 2021.​ ​Before the end of October), a series of extensive bans may fundamentally disrupt California's consumer goods economy.

On the surface, it is due to concerns about the existence of PFAS and other chemicals, which are loosely contained in the family of compounds commonly known as "forever chemicals", and even in the absence of developed or well-known science that assesses the potential for human health risks. Under the circumstances, Governor Newsom signed four bills in just one day last October, enacting new laws affecting food packaging, cookware and children’s mattresses, suits, strollers, etc., following the additional legislation and With the promulgation of the regulations, the last item has been gradually adopted to expand the scope and scale of these bans and restrictions on the sale of consumer and commercial products containing PFAS in California.

For example, the science surrounding PFAS is still in its infancy, there is no doubt about it-even the Toxic Substances and Disease Registry (ATSDR) observes:

"Scientists are still understanding the health effects of exposure to PFAS mixtures...More research will help scientists fully understand how PFAS affects human health."

In contrast, at the federal level, the US Environmental Protection Agency is mainly committed to solving the problem of PFAS and other so-called "legacy chemicals" in the supply of underground drinking water. This is the core task of the US Environmental Protection Agency by Congress. The action is influential, but it may be premature and destructive because its goal is not groundwater remediation, but a wide range of manufacturing, commercial, and retail companies that may not be known-in addition, it may not be practically certain that their Is the product even subject to the new law.

In a statement issued concurrently with the acclaimed EPA "PFAS Roadmap" by Michael Reagan, Director of the U.S. Environmental Protection Agency on October 18, Director Reagan explained that the U.S. Environmental Protection Agency "focuses on "Develop a "comprehensive national PFAS strategy", but this is not the case. A reckless person. In fact, the cornerstone of the PFAS roadmap is a multi-year strategy that uses a prudent approach to perfect the necessary scientific research while incorporating appropriate policies involving stakeholders affected by the PFAS roadmap. Some insiders believe that the complexity of this task will take at least several years to develop.

In sharp contrast, most of the recently promulgated or promulgated PFAS California legislation and regulations that affect business have either already taken effect, or will take effect before January 1, 2023, or take effect within one or two years thereafter. .

To help visualize the extent of this impact, here are some examples of product categories where PFAS content has been or will soon be completely or largely banned in California:

"This product exposes you to chemicals including perfluoroalkyl and polyfluoroalkyl substances, which are known to the State of California to cause cancer and birth defects or other reproductive hazards. 27 Carl. Code registration. § 25603( a)(2)(D).

California’s recent legislation and regulations prohibiting and/or restricting the use of PFAS in retail and commercial products have created a series of problematic compliance issues that affect companies throughout the product supply chain—for example, consider the following three Dilemma:

Crowell & Moring is a full-service international law firm representing a wide range of clients in the retail and consumer goods industry, including wholesale and specialty retailers, department stores and large retailers, clothing, cosmetics, food and beverages, consumer electronics and others Consumer goods companies, and investors in these industries.

Legal insights in the retail and consumer goods industry

At Crowell & Moring, we understand the specific needs of the retail and consumer goods industries. Our company has established a wide range of capabilities to focus on solving the complex problems faced by these companies. We provide complex, multidisciplinary legal counsel, attention to detail and extensive resources of a full-service international law firm. Our success is reflected in our customers' decision to ask us again and again to help them deal with the complicated domestic and foreign laws and regulatory systems applicable to the design and promotion of products and services, and assist them in taking innovative and proactive measures to protect their business Avoid a series of challenges before them.