On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced a final National Primary Drinking Water Regulation (NPDWR) that establishes the first-ever per- and polyfluoroalkyl substances (PFAS) drinking water standards.
 

Cookware and cosmetics with intentionally added per- and polyfluoroalkyl substances (PFAS)—along with a number of other categories of products with intentionally added PFAS—will be banned in the state of Maine effective January 1, 2026, following the passage of LD 1537 (“An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution”) on April 16, 2024.

On March 13, 2024, the European Chemicals Agency (ECHA) announced the next steps for its proposal to restrict per- and polyfluoroalkyl substances (PFAS) under REACH. ECHA published the proposal to restrict or ban most uses of PFAS, including in food-contact materials, on February 7, 2023, in response to a proposal from five European Union (EU) Member States (MSs).

The U.S. Food and Drug Administration (FDA) announced that the Agency has updated its “List of Select Chemicals in the Food Supply Under FDA Review” to include more information about its post-market assessment of chemicals in the food supply.

On January 23, 2024, the European Commission adopted new minimum hygiene standards for materials and products that come into contact with drinking water. The new standards will apply to materials and products intended to be used in new installations for the abstraction, treatment, storage, or distribution of water or for repair works, such as supply pipes, valves, pumps, water meters, fittings, and taps.

The U.S. Food and Drug Administration (FDA) published a notice of filing for a food additive petition that proposes amending certain food additive regulations to remove four solvents: benzene, ethylene dichloride, methylene chloride, and trichloroethylene. The food additive petition was submitted by the Environmental Health Defense Fund, the Breast Cancer Prevention Partners, the Center for Environmental Health, the Environmental Working Group, and Lisa Lefferts.

The petition proposes that FDA amend the following regulations to remove the use of the four specified solvents: 

Minnesota’s ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in food packaging becomes effective on January 1, 2024. (See Minn. Stat. § 325F.075.) The ban was included in an omnibus environment, natural resources, and tourism bill that was signed into law on June 29, 2021. We previously reported on the law here.

On October 23, 2023, Maine’s Department of Environmental Protection (DEP) released an updated draft rule, 06-096 C.M.R. Chapter 80 (“Reduction of Toxics in Packaging”), on the implementation of the State’s Toxics in Packaging Law. The draft rule imposes a sales prohibition for certain food packaging containing intentionally added per- and polyfluoroalkyl substances (PFAS) and also prohibits the sale of food packaging to which phthalates have been intentionally introduced in more than incidental amounts.  

Importers of Finished Articles Made with PFAS Must Also Report 

The U.S. Environmental Protection Agency (EPA) has issued a final rule that requires the reporting of extensive information on potentially thousands of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). It captures all PFAS compounds manufactured or imported into the U.S.

Maine has extended the effective date of its per- and polyfluoroalkyl substances (PFAS) notification requirement by two years to January 1, 2025, following the passage of HP 138/LD 217 (“An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroa