SUMMARY
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This area is rapidly developing as states create new laws, and the penalties and litigation risks for non-compliance can be significant.
PFAS BACKGROUND
PFAS is a family of chemicals comprised of somewhere between 5,000-15,000 compounds depending on the regulatory definition. According to the Agency for Toxic Substances and Disease Registry (“ATSDR”), PFAS have been reported in consumer products, including the following:
- “Some grease-resistant paper, fast food containers, microwave popcorn bags, pizza boxes, and candy wrappers;
- Stain resistant coatings used on carpets, upholstery, and other fabrics;
- Water resistant clothing;
- Cleaning products;
- Personal care products (shampoo, dental floss) and cosmetics (nail polish, eye makeup); and
- Paints, varnishes or sealants.”
SPECIFIC CONSUMER PRODUCT REGULATIONS
States have taken many different approaches to regulating consumer products containing PFAS, but most state laws principally focus on the following product sectors:
- Food Packaging;
- Cosmetics or Personal Care Products;
- Children’s Products;
- Textiles, Fabrics, and Apparel;
- Carpets or Rugs, and Upholstery; and
Below is an overview of enacted and proposed state laws and regulations as of November 7, 2023, to assist you in investigating whether your products may be impacted.
The following information identifies what specific product categories each state regulates, but does not include the specific regulatory levels or requirements to avoid confusion because the structure and limits vary widely from state to state.
PRODUCT CATEGORIES
Proposition 65: All consumer products sold to California consumers may require warnings if these products contain PFOA, PFOS, PFOS salts and transformation and degradation precursors, and PFNA and its salts above safe harbor levels.
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
27 CCR 27001
California’s Office of Environmental Health Hazard Assessment information
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
AB 2762, AB 496, and AB 2771
PRODUCT CATEGORIES
Rugs and carpets
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
Regulation
DTSC Related Information
PRODUCT CATEGORIES
Cookware and food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
AB 1200
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
AB 652
PRODUCT CATEGORIES
Recycling
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 343
PRODUCT CATEGORIES
Composting
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
AB 1201
PRODUCT CATEGORIES
Textiles and apparel
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
AB 1817
PRODUCT CATEGORIES
Treatments – converted textiles or leather
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
Regulation
DTSC Related Information
PRODUCT CATEGORIES
Enforcement and penalties for juvenile products and food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
AB 347
PRODUCT CATEGORIES
- Carpets and rugs
- Fabric treatments
- Food packaging
- Children’s products
- Oil and gas products
- Cookware – certain labelling requirements
- Cosmetics
- Indoor and outdoor textile furnishings
- Indoor and outdoor upholstered furniture
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HB22-1345
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
Public Act No. 21-191
PRODUCT CATEGORIES
Feminine products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 257
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 390
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HB 1644
PRODUCT CATEGORIES
- Food packaging
- Food service ware
- Cosmetics
- Personal care products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 504
PRODUCT CATEGORIES
- Cookware
- Carpets or rugs
- Fabric treatments
- Food packaging
- Juvenile treatments
- Oil and gas products
- Apparel
- Cosmetics
- Indoor and outdoor upholstered furniture
- Indoor and outdoor textile furnishings
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 0088
PRODUCT CATEGORIES
Recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 0066
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 1282
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HF 62
PRODUCT CATEGORIES
PFOS as a “Priority Chemical” in children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
38 M.S.R.A. §1693-A
06-096 Chapter 890
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
32 M.S.R.A. §26A.1731-1738
PRODUCT CATEGORIES
Pesticides
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
LD 264
LD 2019
PRODUCT CATEGORIES
Carpets, rugs, and fabric treatments
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
38 M.S.R.A. 16 §1614
PRODUCT CATEGORIES
Prohibit PFAS in all consumer products by 2030
Note: some requirements began on January 1, 2023
REGULATORY STATUS
Enacted and proposed
REFERENCE AND DETAILS
38 M.S.R.A. 16 §1614
Maine Department of Environmental Protection information
Proposed Rule
LD 217
PRODUCT CATEGORIES
Fertilizer and composting
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
LD 1911
PRODUCT CATEGORIES
Written notification for PFAS in consumer products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
LD 1537
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HB 643
PRODUCT CATEGORIES
- Food packaging
- Rugs and carpets
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 273
PRODUCT CATEGORIES
Pesticides
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 0158
PRODUCT CATEGORIES
Recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 31
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 1431, H 3676 and H 767
PRODUCT CATEGORIES
Mosquito management
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 445
PRODUCT CATEGORIES
- Child passenger restraints
- Cookware
- Fabric treatments
- Personal care products
- Rugs and carpets
- Upholstered furniture
- Children’s products
Establish various dates, such as January 1, 2030, for stopping the inclusion of PFAS in a variety of consumer products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
H 2197
PRODUCT CATEGORIES
Fertilizer
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 39
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 175
PRODUCT CATEGORIES
Artificial turf
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 524
PRODUCT CATEGORIES
Packaging reduction and recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
H 779 and S 525
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 327
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
Minn. Stat. § 325F.075
PRODUCT CATEGORIES
Prohibit PFAS substances in certain cannabis packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HF 600
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HF 552
PRODUCT CATEGORIES
- Carpets or rugs
- Cleaning products
- Cookware
- Cosmetics
- Dental floss
- Fabric treatments
- Juvenile products
- Menstruation products
- Textile furnishings
- Ski wax
- Upholstered furniture
By January 1, 2032, prohibit intentionally added PFAS in any product
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HF 2310
PRODUCT CATEGORIES
Recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HF 2571
PRODUCT CATEGORIES
Pesticides
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HF 1150
PRODUCT CATEGORIES
Written notification for PFAS in consumer products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HF 372
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 242
PRODUCT CATEGORIES
Rugs, carpets, and stain-resistant treatments
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 465
PRODUCT CATEGORIES
- Cosmetics
- Carpets or fabric treatments
- Food packaging
- Cookware
Labelling requirements
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 3177
PRODUCT CATEGORIES
Recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
A 1554
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
S 501B
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
N.Y. Environmental Conservation Law § 37-0209
N.Y. Department of Environmental Conservation information
PRODUCT CATEGORIES
Carpets
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
A 9272 and S 834
PRODUCT CATEGORIES
Apparel
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
S 1322
PRODUCT CATEGORIES
Anti-fogging sprays and wipes
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 992A
PRODUCT CATEGORIES
Packaging and recycling
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 4246A
PRODUCT CATEGORIES
Cosmetics/personal care products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 4171 and S 4265
PRODUCT CATEGORIES
Pet products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
A 00773
PRODUCT CATEGORIES
Feminine hygiene products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
A 05990
PRODUCT CATEGORIES
- Carpets or rugs
- Cookware
- Cosmetics
- Fabric treatments
- Personal care products
Beginning on January 1, 2032, a person shall not sell or distribute any product that contains PFAS substances unless the use of PFAS in such product is currently an unavoidable use.
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
A 03571
PRODUCT CATEGORIES
- Textile articles
- Rugs
- Cookware
- Fabric treatments
- Ski wax
- Architectural paints
- Children’s products
- Cleaning products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 5648A
PRODUCT CATEGORIES
Industrial facility uses
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 7041
PRODUCT CATEGORIES
Use and manufacturing
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 660
PRODUCT CATEGORIES
General packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 279
PRODUCT CATEGORIES
Labelling for biosolids
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 874
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
Toxic Free Kids Act: ORS 431A.250 et al.
PRODUCT CATEGORIES
Food containers
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 543
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 546
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 1122
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
S 724 and H 7438
PRODUCT CATEGORIES
Composting
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 5086
PRODUCT CATEGORIES
- Rugs and carpets
- Fabric treatments
- Upholstered furniture
- Textile furnishings
- Apparel (including outdoor apparel and uniforms)
- Cosmetics
- Children’s products
- Cookware
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 16
PRODUCT CATEGORIES
- Artificial turf
- Cleaning products
- Carpets and rugs
- Cookware
- Cosmetics
- Fabric treatments
- Children’s products
- Menstrual products;
- Ski wax
- Textile articles
- Outdoor apparel
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 196
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
SB 0573
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
18 V.S.A. §1773
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
18 V.S.A. §1672
PRODUCT CATEGORIES
Rugs, carpets, and aftermarket stain and water resistant treatments
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
18 V.S.A. §1682
PRODUCT CATEGORIES
Ski Wax
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
18 V.S.A. §1692
PRODUCT CATEGORIES
Labeling and composting
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
H 50
PRODUCT CATEGORIES
- Apparel
- Cookware
- Paper products
- Pesticides (over 20 ppt)
- Cosmetics
- Ski Wax
Beginning on January 1, 2030, a person shall not sell or distribute any product that contains intentionally added PFAS substances unless the use of PFAS in such product is currently an unavoidable use.
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
H 152
PRODUCT CATEGORIES
- Cosmetics
- Menstrual products
- Textiles
- Artificial turf; and
- Outdoor apparel
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
S 25
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Proposed
REFERENCE AND DETAILS
HB 1855
PRODUCT CATEGORIES
Food packaging
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
RCW 70A.222.070
PRODUCT CATEGORIES
Children’s products
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
WAC 173-334-010 et seq.
PRODUCT CATEGORIES
Pollution Prevention for Our Future Act, identifying various “Priority” consumer products that use PFAS substances.
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
SB 5135
Washington Department of Health information
Washington Department of Ecology information
PRODUCT CATEGORIES
Regulate PFAS consumer products identified in the Chemical Action Plan.
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HB 1694
2022 Washington Chemical Action Plan
PRODUCT CATEGORIES
- Carpets and rugs
- Aftermarket water and stain resistance treatments
- Leather and textile furnishings for indoor use
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
WAC 173-337
Washington Department of Ecology information
PRODUCT CATEGORIES
Cosmetics
REGULATORY STATUS
Enacted
REFERENCE AND DETAILS
HB 1047
No PFAS consumer product regulations (as of the date of publication): Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
CONCLUSION
The presence of PFAS in consumer products has become a major focus for consumers, retailers, and state legislatures. The resulting patchwork of state laws and retailer requirements presents significant challenges for the industries that are currently being regulated, and future challenges for any other industries that use PFAS compounds. In addition, while most states have regulated the inclusion of PFAS in specific product categories, Maine and Minnesota have passed sweeping laws that require the disclosure and eventual removal of intentionally added PFAS in all products, including industrial and commercial products. The regulation of these chemicals in consumer products will continue at the state level, and possibly at the federal level as well, so now is a critical time for businesses to evaluate whether any of their products or production methods contain or use these chemicals.
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