Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation

For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids, Michigan, has been locked in an appellate battle with Michigan’s Department of Environment, Great Lakes, and Energy and State Attorney General Dana Nessel (collectively, Michigan) over whether the Airport may remove Michigan’s lawsuit over the Airport’s use of PFAS[1]-containing firefighting foam based on the federal officer removal doctrine.Continue Reading A First-Class Ticket to Federal Court?

This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s approach to the regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetic products.

Continue Reading MoCRA: What’s on the horizon for PFAS?

As we previously discussed, MoCRA requires cosmetic product manufacturer and processors to register their facilities with the U.S. Food and Drug Administration (FDA). On August 7, 2023, FDA announced that it had published a draft guidance on cosmetic product facility registration and product listings, as required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). The draft guidance intends to help the industry by providing relevant requirements and definitions, explaining who is responsible for making submissions, what details to include, and how and when to make the submissions. It also provides information on exemptions, such as those for certain small businesses.

Continue Reading MoCRA: FDA Draft Guidance on Facility Registration and Product Listing

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in our continuing series of posts diving into each aspect of MoCRA, covers the process for substantiating safety of cosmetic products.

Continue Reading MoCRA: Updates to FDA Safety Substantiation Requirements

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect of MoCRA as we await its full implementation. We will focus on MoCRA’s mandate requiring the Federal Drug Administration (FDA) to establish Good Manufacturing Practices (“GMP”) that the cosmetic industry will have to follow going forward.

Continue Reading MoCRA: Good Manufacturing Practices – Why Should You Care?

As deadlines approach for cosmetic manufactures to comply with all requirements of MoCRA, there might be some worry on where to start. Husch Blackwell’s chapter by chapter breakdown of MoCRA provides guidance on where to begin. This chapter discusses the requirements of facility registration and product listing with compliance due date of July 1, 2024.

Continue Reading MoCRA: Facility Registration and Product Listing – Where to Begin?

As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each aspect of MoCRA as we await its full implementation. To begin, we will discuss whether MoCRA applies to your product and, if so, which entity should serve as the responsible person for ongoing compliance.  

Continue Reading MoCRA: Is My Product a “Cosmetic” and Who Is My “Responsible Person”?

The Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) was signed into law on December 29, 2022. MoCRA expands the authority of the U.S. Food and Drug Administration (“FDA”) to regulate cosmetics and serves as the most significant change to the regulation of cosmetics since the passage of the Federal Food, Drug, and Cosmetic (FD&C) Act in 1938. MoCRA is a seismic shift in the world of cosmetic regulation, bringing new authorities to the FDA that are similar to those that currently exist for food, drugs and medical devices, among other regulated products. MoCRA has sweeping implications for domestic and international cosmetics manufacturers that market products in the U.S.

Continue Reading MoCRA: A New Era in the Regulation of Cosmetic Products

The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and public policy, explaining that an increased risk of injury is insufficient to state a claim for medical monitoring as a remedy or cause of action. See Brown v. Saint-Gobain Performance Plastics Corp., No. 2022-0132, 2023 WL 2577257 (N.H. Mar. 21, 2023).Continue Reading New Hampshire Supreme Court Rejects Medical Monitoring Claim in PFAS Case

On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) issued its highly anticipated PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, setting forth a three-year multi-agency strategy to address per- and polyfluoroalkyl substances (“PFAS”). The plan outlines actions that will fundamentally alter the administrative landscape around PFAS.
Continue Reading The EPA’s PFAS Strategic Roadmap Indicates Considerable New Regulations are Imminent.