Maine has issued its first ruling on Currently Unavoidable Use (CUU) proposals for PFAS. Out of 11 proposals reviewed, the Department of Environmental Protection (MDEP) recommended approval for only two. With the state’s prohibition on PFAS-containing products taking effect January 1, 2026, this outcome signals just how narrow CUU approvals will be. Manufacturers and importers now face urgent choices: find alternatives, adjust supply chains, or risk losing access to the Maine market.
Maine’s PFAS prohibition and CUU process
Maine’s PFAS consumer products law bans the sale of most products with intentionally added PFAS beginning January 1, 2026. The only pathway for continued use is a CUU determination. This is granted only if PFAS is proven essential for health, safety, or critical societal functions and no reasonably available alternatives exist.
For products facing the 2026 ban, CUU requests were due by June 1, 2025. The rule adopted in April 2025 also extended submission timelines for future bans, allowing CUUs to be filed up to five years before a prohibition and no later than 18 months before.
The latest MDEP review shows CUU approvals are rare and subject to rigorous scrutiny. Manufacturers should not assume exemptions will be available. For most products, alternatives will be required to maintain market access.
The latest CUU determinations: few approvals, broad denials
MDEP reviewed proposals covering cookware (including small kitchen appliances), cleaning products, cosmetic packaging, and upholstered furniture. The two out of 11 proposals that were recommended for approval were both tied to specialized container components in cleaning products (e.g., internal cartridge valve and cap liner systems).
The rest, including cookware coatings, coffee maker parts, cosmetic packaging, and upholstered furniture, were denied. In rejecting these proposals, MDEP cited that alternatives were already “commonly known and readily available.”
Approved CUUs are time-limited. Both approvals expire on January 1, 2031, underscoring that exemptions are temporary and subject to reevaluation. CUU success is the exception, not the rule. Manufacturers must plan now to eliminate PFAS from their products.
What this means for manufacturers
Maine’s decisions carry significant implications for industry:
- Compliance risks: Products that continue to contain PFAS may lose market access in Maine as of 2026.
- Supply chain risks: Many companies still lack visibility into upstream suppliers using PFAS.
- Operational risks: Waiting until the deadline leaves little time to reformulate, re-source, or prepare CUU submissions.
This isn’t just a Maine issue. By applying such a narrow CUU standard, the state is setting a precedent that other states, and potentially federal regulators, may follow. Manufacturers should treat Maine’s approach as an early signal of where PFAS regulation is headed nationwide.
What manufacturers should do now
With deadlines looming, manufacturers must act quickly:
- Map your supply chain to identify where PFAS may be present.
- Engage suppliers early to secure disclosure and explore alternatives.
- Collect data and documentation if pursuing a CUU submission, but recognize approvals are rare and time-limited.
- Monitor regulatory updates and participate in public comment processes, as CUU rules and guidance continue to evolve.
- Treat CUU as a last resort and focus on substitution as the long-term compliance strategy.
How Source Intelligence streamlines PFAS compliance
Navigating Maine’s PFAS prohibition requires visibility, speed, and confidence in supplier data. Source Intelligence’s PFAS compliance solution provides manufacturers with centralized tools to stay ahead:
- Automated supplier outreach at scale to uncover PFAS use across global supply chains
- Data validation to ensure supplier responses are accurate and actionable
- Regulatory monitoring so you never miss critical updates like Maine’s CUU decisions
- System integration for centralized visibility across products and suppliers
- HTS/NAICS code alignment to support CUU tracking and anticipate expiration dates
With exemptions unlikely, temporary, and narrow, manufacturers cannot afford to wait. Partner with Source Intelligence to build a proactive compliance strategy, keep your products in the market, and stay ahead of evolving PFAS regulations nationwide.
