Class Action Insider

On December 29, 2022, President Biden signed the Modernization of Cosmetics Regulation Act (MoCRA) into law. One provision of MoCRA charges the FDA to conduct research into the use of perfluoroalkyl and polyfluoroalkyl substances—better known as PFAS—in the cosmetic industry, and to publish a report containing its findings by December 29, 2025.

Readers of Winston & Strawn blogs know that PFAS are not new. According to Bloomberg Law, more than 6,400 PFAS-related lawsuits have been filed since 2005. Lately, however, PFAS have increasingly captured headlines, and there has been a marked increase in consumer protection litigation related to PFAS across the United States.

The alleged health risks of per- and poly-fluoroalkyl substances, or PFAS, are garnering increased attention from plaintiffs’ lawyers.  In the wake of recent efforts to update risk evaluations and risk assessments by agencies such as the Environmental Protection Agency, the Food & Drug Administration, and the Center for Disease Control, private plaintiffs are bringing products liability, mass tort, consumer protection, and consumer fraud claims using the health and safety findings (or inquiries) by the federal government as the lynchpin of their complaints.