Coca-Cola won a motion to dismiss claims alleging that the company’s Simply Tropical Juice Drink—which the company advertised as “made simply” with “all-natural ingredients”—was falsely labeled because it purportedly contained PFAS. In granting Coca-Cola’s motion to dismiss for lack of Article III standing, the district court emphasized that, while the plaintiff claimed that he conducted independent…
Pursuant to the Toxic Substances Control Act (TSCA), several North Carolina–based citizens groups petitioned the EPA in 2020 to initiate testing of 54 individual PFAS. The EPA responded by agreeing to test seven of the PFAS and to potentially test nine more. The groups viewed this as a denial of their petition and, in 2021,…
Two water utility associations have petitioned the D.C. Circuit for review of the EPA’s first national drinking-water rule for PFAS, claiming that is arbitrary and capricious, unreasonable, and unfeasible. In doing so, the associations allege that the EPA did not rely on the best available science, follow the process mandated by Congress, or properly assess…
In a rare step, the EPA issued a Safe Drinking Water Act (SDWA) Section 1431 unilateral administrative order to the U.S. Air Force and Arizona Air National Guard requiring them to conduct measures to abate the “actual and potential imminent and substantial threat to the health of persons presented by the presence of [PFAS] in…
A group of plaintiffs filed a proposed class action against BIC, claiming that the company failed to inform its consumers that its shaving razors contain PFAS. With their suit, the plaintiffs assert claims—on behalf of a national class and a California subclass—for violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies…