PFAS Disclosure, Supplier Contracts Can Help Shield Against Litigation – Dentons US Attorneys
Cosmetics companies that disclose the presence of PFAS in their products and explain measures they are taking to minimize PFAS’ presence are better protected from lawsuits, says Dentons US attorney Michael Duvall.
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“We’ve been keeping tabs of the amount of products containing PFAS over the last several years and, unfortunately, we’re not seeing really a lot of it going away,” said Katz, director of the Office of Cosmetics and Colors, at the Independent Beauty Association’s Cosmetics Regulations Workshop.
Legislation awaiting the governor’s signature in California will ban the “forever chemicals” from cosmetics when intentionally added beginning in 2025, reflecting successful industry advocacy efforts.
Plaintiff Daniela Gruen says Burt’s Bees mascaras and lip shimmer are worthless or worth less than purchase price because the company failed to disclose that the products contain toxic and environmentally hazardous PFAS. She cites independent testing published last year by Mamavation in her complaint filed in California’s Northern District.