On February 28th, 2024, the Food and Drug Administration (FDA) officially announced an end to per- and polyfluoralkyl substances (PFAS) in food packaging. This effects potential exposure to these harmful substances from materials like “fast-food wrappers, microwave popcorn bags, take-out paperboard containers and pet food bags”. This update, which the FDA describes as a public health victory achieved in cooperation with industry manufacturers’ commitments to voluntarily phase out these packagings, comes at an interesting time in consumer litigation. In the past several years, PFAS’ presence in consumer products has been a consistent topic of class action complaints leading to significantly varied outcomes depending on the strictness of state regulation on the substances. This new policy comes as FDA testing for PFAS in food products continues to expand (see Constituent Update, FDA Update on PFAS Activities | FDA), and could prove useful in attempts to bolster claims regarding PFAS as both a government regulatory priority as well as a tacit admission from many bulk manufacturers as to the dangers PFAS present in consumer products.
The full text of the announcement can be found here: https://www.fda.gov/news-events/press-announcements/fda-industry-actions-end-sales-pfas-used-us-food-packaging.
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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About Kyle J. Conway
Kyle J. Conway's practice is focused on Consumer Protection litigation. Kyle is an associate in Faruqi & Faruqi's Pennsylvania office. Prior to joining F&F, Kyle worked with the Delaware Department of State's Corporations Division. As well, Kyle has practiced law in the areas of insurance defense and family law.Kyle received his J.D. cum laude, from Villanova University Charles Widger School of Law (2018). In law school, Kyle was the Managing Editor of the Environmental Law Journal. Kyle received his undergraduate degree, summa cum laude, from the University of Pittsburg (2015). Kyle is licensed to practice law in the Commonwealth of Pennsylvania.
Kyle J. Conway
Associate at Faruqi & Faruqi, LLP
Pennsylvania office
Tel: (215) 277-5770
Fax: (215) 277-5771
E-mail: kconway@faruqilaw.com
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