Emerging contaminants (ECs), including those reportedly finding their way into consumer products, are traditionally thought of as newly discovered chemicals (synthetic or natural), which have not yet been monitored or assessed from a health or risk perspective. The use of new chemicals in products and manufacturing processes remains a significant issue for businesses, and our team can help clients navigate the ever-changing landscape from the standpoint of policy, regulatory, litigation, and risk. In addition to understanding the myriad of issues related to new uses of chemical constituents, companies also need to be diligent in assessing historically accepted practices that could become the target of new litigation or enforcement activity.
Recently, consumer products companies have seen an uptick in litigation involving chemicals in various products that are allegedly causing a variety of health risks, but have historically not been a concern from a health risk, regulatory, or litigation perspective. In these cases, the chemicals are often known, well-studied chemicals with data regarding exposure levels that might present a risk to human health.
In particular, a recent laboratory study of dry shampoo and other related products resulted in a cascade of consumer class action litigation related to alleged benzene contamination. A prior laboratory study also identified the presence of benzene in certain brands of sanitizer, sunscreen, and deodorant. Additionally, consumer class actions involving allegations that straightening products contain chemicals causing uterine cancer and claims that athletic and safety apparel contain PFAS (sometimes referred to as forever chemicals), for example, are drawing this area into focus for consumer product manufacturers. These cases highlight the reality that even historic uses of chemicals that were thought to not present any health risks may become the target of new litigation.
Our lawyers are monitoring these recent developments closely. We have created a task force to focus on assisting clients in understanding the legal and business risks in this evolving area of chemical usage. Our multidisciplinary group can provide strategic counsel to clients across a variety of areas including litigation defense and advice, regulatory compliance (Proposition 65, EPA, and state-specific statutes), recall guidance, digital crisis prevention and response, and insurance coverage.
On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140 employment-based petitions, and imposing a new Asylum Program Fee for each Form I-129 and I-140 filed by employers.
On 3 April 2024, the US Securities and Exchange Commission announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain electronic communications.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
On 7 March 2024, the Illinois Pollution Control Board proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances compounds at or near their levels of detection and would result in some of the most stringent standards in the country.
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