The Consumer Product Safety Commission (CPSC) on September 20, 2023, issued a Federal Register Notice and Request for Information, signaling its regulatory interest in per- and polyfluoroalkyl substances (PFAS) presence and use in its jurisdiction’s “consumer products”. This move suggests CPSC’s intention to join its counterparts – the Environmental Protection Agency, U.S. Food and Drug Administration, and U.S. Department of Agriculture – in regulating and monitoring these substances. (Foley & Lardner LLP)
PFAS, widely used for their water-resistant and non-stick properties, have raised concerns due to their environmental persistence and potential for bioaccumulation. They’re often referred to as “forever chemicals” for their properties, including resistance to environmental degradation.
The CPSC’s Request for Information signifies that the agency is seeking public commentary on PFAS use in consumer products within its jurisdiction. This is viewed as an early step in a potential rulemaking process that might result in restrictive regulations on the employment of such substances.
This could certainly impact manufacturers, distributors, and retailers of consumer goods, particularly those involving PFAS. Companies in these sectors should stay informed about ongoing regulatory developments and proactively participate in any resultant public commentary process. Legal professionals and corporate compliance officers will need to keep a close eye on these developments to ensure adherence to any new regulations that emerge from this process.