Hunton Retail Law Resource

On February 6, 2026, the US Environmental Protection Agency issued a press release highlighting significant actions addressing per- and polyfluoroalkyl substances (PFAS) taken during the first year of the new administration and signaling continued expansion of efforts affecting regulated entities. The announcement reiterates EPA’s continued commitment to making PFAS a top priority across its programs. The release also summarizes EPA’s PFAS testing approach and methods for identifying and measuring PFAS in various environmental media, the results of which will guide the agency’s future actions. Overall, EPA expects to expand research and testing, increase community engagement, and strengthen enforcement actions to address PFAS contamination.

A recent federal court decision determined that documents created by a criminal defendant using AI and subsequently shared with legal counsel were not shielded by attorney-client privilege or the work product doctrine. In USA v. Heppner, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York compelled the disclosure of 31 documents created with Anthropic’s Claude. This order was issued despite the defendant including information from counsel in the AI tool’s input and later providing the resulting outputs to his attorneys. The ruling offers early judicial perspective on privilege concerns involving AI-generated materials, an area where case law remains sparse.

Chemical manufacturers, product makers, and product retailers are gearing up for new state-level restrictions on products sold in stores and online that contain per- and-polyfluoroalkyl substances (PFAS). A total of 18 states have PFAS product restrictions ranging from bans to reporting to labeling requirements. The laws target primarily food packaging, cosmetics, cookware, and textiles, but some states have expansive laws that include all types of products. Each year for the past four years, approximately 200 PFAS-related bills are introduced in state legislatures, and we expect this trend to continue, potentially adding to the growing patchwork of PFAS restrictions.

The New York Office of the Attorney General recently reached a $500,000 settlement with a New York orthopedics practice for allegedly failing to protect patient and employee information in light of a 2023 data breach.