Photo of Sheila MillarPhoto of Anushka R. Stein

On July 20, 2025, the public comment period will close on Washington state’s most recent round of proposed regulations affecting 12 categories of “consumer products” with intentionally added per- and polyfluoroalkyl substances (PFAS). If the proposed regulations are adopted, the manufacture, sale, or distribution of three categories of products— “apparel and accessories,” “cleaning products,” and “automotive washes” —would be barred in Washington state beginning January 1, 2027, if they contain intentionally added PFAS. The sales and distribution restriction would not apply to products manufactured before January 1, 2027. Meanwhile, beginning January 31, 2027, reporting would be required for the following nine product categories if they contain intentionally added PFAS and are manufactured after 2025: “apparel intended for extreme and extended use,” footwear, “gear for recreation and travel,” automotive waxes, cookware and kitchen supplies, firefighting personal protective equipment, floor waxes and polishes, hard surface sealers, and ski waxes.

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While the Eighth Circuit struck down the Federal Trade Commission’s (FTC) Click-to-Cancel rule on July 8, 2025, businesses should recognize that the FTC, in addition to state Attorneys General, has various tools in its arsenal to address false, deceptive, or unfair practices, and negative option sales and auto-renewals are still regulated by states.

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On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims. The FTC quickly followed this announcement on July 8 by sending warning letters to four companies, reminding them to comply with FTC’s 2021 Made in USA Labeling Rule (MUSA Labeling Rule). Significantly, the FTC also sent letters to Amazon and Walmart regarding allegedly deceptive MUSA claims made by third-party sellers on the two companies’ e-commerce websites. The FTC notices could signal a potential expansion of the compliance requirements imposed on online marketplaces for MUSA claims made by third-party sellers, with implications for all types of advertising claims appearing in listings developed by third-party sellers online and possibly at brick-and-mortar retailers.

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In an important development since our June 24, 2025 article, on July 1, 2025, the Fourth Circuit Court of Appeals denied the Trump administration’s motion to stay a district court’s decision reinstating three Democratic commissioners to the Consumer Product Safety Commission (CPSC). Immediately after the Fourth Circuit’s decision, the Department of Justice (DOJ) submitted an emergency appeal to the U.S. Supreme Court, asking the highest court to issue a stay of the district court’s order and once again remove the commissioners while the Fourth Circuit considers the merits of the Administration’s appeal, a process that could take many months. The Administration also asks the Supreme Court to construe its application as a petition for a writ of certiorari before judgment to address 1) the constitutional question of the President’s removal authority, and 2) whether the district court exceeded its authority by ordering the three terminated commissioners to be reinstated.

The ultimate Supreme Court decision should address the larger constitutional issue of the President’s authority to fire officers of independent federal agencies who statutorily can only be terminated for cause. Read the full article here.

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Earlier this month, the California Department of Resources Recycling and Recovery (CalRecycle) sent a letter to the Biodegradable Products Institute (BPI) that effectively delays, until June 30, 2027, a key requirement for “compostable” and “home compostable” products set to take effect next year. California’s AB 1201 required that after January 1, 2026, products labeled “compostable” or “home compostable” must not only pass test methods specified under the law but must also be “an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program.” CalRecycle’s letter to BPI grants an extension for “products that contain synthetic substances that otherwise satisfy all requirements for lawfully being labeled ‘compostable,’ including the requirement that products meet an ASTM standard specification pursuant to section 42357(a)(1). This extension shall expire as of June 30, 2027.” Absent this action, many companies would have had to remove current “compostable” labels from their products at a time when other laws – notably SB 54, California’s Extended Producer Responsibility (EPR) law for packaging – require that products meet source reduction, recyclability, or compostability requirements by specific deadlines.

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The three Democratic CPSC commissioners fired by President Trump last month are now back at their desks, following a ruling by the Maryland District Court that the firing violated federal law and ordering the commissioners’ immediate reinstatement. The Administration promptly appealed the reinstatement order to the Fourth Circuit, and asked the District Court to stay its order, pending the appeal. The District Court denied the Administration’s stay motion on June 23, 2025, and all eyes are now on the Fourth Circuit, which could rule on a parallel motion to pause the District Court’s reinstatement order at any time (as of the time of this writing, no decision has been issued).

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This month, the California Department of Resources Recycling and Recovery (CalRecycle) is soliciting public feedback on two rulemakings related to extended producer responsibility (EPR) programs that apply to covered battery-embedded products (along with other types of electronics) and loose batteries. Comments on CalRecycle’s draft regulations to implement SB 1215, which revised the state’s Covered Electronic Waste Recycling Program (E-Waste Recycling Program) to include covered battery-embedded products, were due on June 6, 2025. CalRecycle is also accepting comments, due June 12, 2025, on draft regulations implementing AB 2440, which established a new state-wide Battery Stewardship Program for certain primary and rechargeable batteries. 

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On May 14, 2025, the Kids Online Safety Act (KOSA), SB 1748, was reintroduced for the fourth time by original sponsor Marsha Blackburn (R-TN), joined by Senators Richard Blumenthal (D-CT), John Thune (R-SD), and Chuck Schumer (D-NY). First introduced in 2022, and then again in 2023 and 2024, KOSA imposes a duty of care on online platforms (including online gaming, messaging applications, and video streaming services) to minimize harms to minors. The history of various iterations of KOSA is of interest as it reflects the ongoing debate about platform obligations and First Amendment rights of platforms and consumers. As originally introduced, KOSA mandated that platforms “prevent and mitigate the heightened risks of physical, emotional, developmental, or material harms to minors posed by materials on, or engagement with, the platform.” Business associations, members of Congress, and privacy advocates expressed concern that this standard would violate the First Amendment. Despite subsequent amendments, KOSA’s “duty of care” provisions remain controversial, with business groups, members of Congress, and privacy advocates again expressing concern over the standard’s constitutionality.

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Last November, the Federal Trade Commission (FTC or Commission) published its final click-to-cancel rule (the Rule), which requires sellers to make it as easy for consumers to cancel their enrollment into a service or goods plan as it was to sign up. As we discussed previously, the Rule prohibits sellers from misrepresenting any material facts and requires them to provide clear and conspicuous disclosures of material terms before obtaining billing information and charging consumers. Sellers must also obtain informed consent to a negative option feature (i.e., consumer silence or inaction construed as continuing acceptance) prior to charging consumers. The three sitting FTC commissioners – all Republicans – have now voted to extend the compliance deadline to July 14, 2025.

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Less than two weeks after the Consumer Product Safety Commission (CPSC or Commission) voted 3-2 to move ahead with a Notice of Proposed Rulemaking (NPR) for a new safety standard for lithium-ion batteries used in e-mobility devices, in a not unexpected move, the Commission, now consisting of two Republicans, voted to withdraw the NPR.  But the drama will continue to unfold with possible structural changes to the agency and anticipated legal challenges to the termination of the three Democratic Commissioners.

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