A California plaintiff survived a motion to dismiss her claims that NatureStar North America and Target Corporation should be liable for the allegedly false and deceptive business practice of marketing tableware and food storage bags—which allegedly contain PFAS—as “compostable” when PFAS cannot be composted. The defendants’ motion challenged the plaintiff’s standing on three grounds: (1)…
The Wisconsin Supreme Court has agreed to review a landmark ruling that struck down Wisconsin’s hazardous substance listing for PFAS, which effectively blocked regulators from requiring cleanup of PFAS without first completing a rulemaking. The Wisconsin Court of Appeals invalidated the state Department of Natural Resources’ policies on PFAS as hazardous substances under the state’s…
A California district court dismissed most—but not all—of a plaintiff’s claims in a false advertising suit against Prime Hydration, the manufacturer of a sports beverage. The plaintiff alleged that the beverage’s product label—which included claims such as “refresh, replenish, and refuel” and “250 mg BCAAs, B Vitamins, antioxidants, and 835 mg electrolytes”—was false and misleading because…
The EPA has moved to dismiss a lawsuit brought by farmers from Texas and Maine who allege the agency has a nondiscretionary duty to regulate PFAS in sewage sludge under the Clean Water Act. They allege the EPA is also violating the Administrative Procedure Act by failing to regulate PFAS in this manner as well…
A putative class action on behalf of consumers who have allegedly been exposed to PFAS found in carpets and rugs was filed in a Minnesota district court. The plaintiffs allege that PFAS confer stain-, soil-, and water-resistance qualities to carpets and rugs and that the defendants sold PFAS products to carpet companies for that purpose…