Per- and polyfluoroalkyl substances (PFAS), often referred to as "forever chemicals," are synthetic compounds found in a wide range of consumer products. These chemicals are notorious for their persistence in the environment and tendency to accumulate in the human body, raising significant environmental and public health concerns. Due to the associated risks, many governments, including those in the United States (U.S.), are rapidly advancing regulations to restrict or ban the use of PFAS.
In the U.S., numerous states have taken action by either proposing or enacting legislation that specifically targets the presence of PFAS in consumer goods. This blog will provide an overview of certain state-level PFAS regulations and how they impact certain companies.
Which U.S. states restrict or ban PFAS in consumer products?
As of early 2024, many U.S. states have enacted regulations governing the use of PFAS in consumer and industrial products. Several of these states have also passed additional PFAS laws set to take effect in the future or have proposed regulations still in the legislative process. Moreover, other states are actively working on introducing their initial PFAS laws. However, this blog will focus solely on active regulations. Below is an overview of specific product categories affected by PFAS regulations, along with examples of states with enacted laws addressing them.
This blog highlights examples of current laws and is not an exhaustive list of all PFAS regulations in the U.S.
Children’s products
PFAS are commonly used in children's products for their water, oil, and stain-resistant properties. Examples of children’s products containing PFAS include clothing, car seats, and toys.
The following states restrict or ban PFAS in children’s products:
- New York (A6296)
- California (AB652)
- Nevada (AB 97)
- Maryland (HB 1147)
- New Hampshire (HB 1649)
- Maine (LD 1537)
Cleaning products
PFAS are frequently found in cleaning products, including those for glass, hard surfaces, and carpets. They act as surfactants, helping to improve the spread and effectiveness of the cleaner.
The following states restrict or ban PFAS in cleaning products:
Firefighting foam
PFAS are a key ingredient in firefighting foams, particularly in aqueous film-forming foams (AFFF). These foams are used to suppress high-risk fires involving flammable liquids.
The following states restrict or ban PFAS in firefighting foam:
- New Hampshire (SB 257)
- Washington (SB 6413)
- California (SB 1044)
- Arizona (SB 1526)
- Vermont (S20)
- New York (S 7167)
- Alaska (SB 67)
- Connecticut (SB 837)
- New Jersey (A4 125)
- Illinois (HB 3508, SB 0561)
Food packaging
PFAS are widely used in food packaging materials to help prevent grease and moisture from soaking through the packaging. Common food packaging items containing PFAS are microwave popcorn bags, fast food wrappers, and pizza boxes.
The following states restrict or ban PFAS in food packaging:
- California (AB 1200, AB 1201)
- Colorado (HB 1345)
- Hawaii (HB 1644)
- Oregon (SB 543)
- Washington (HB 2658)
Personal care products
PFAS are found in a variety of personal care products due to their water and smudge-resistant properties. Common personal care products containing PFAS include cosmetics, shampoo, and dental floss.
The following states cover personal care products in their PFAS legislation:
- Maryland (HB 0643)
Plastics
PFAS are used as processing aids in the manufacturing of plastics to create non-stick and heat-resistant coatings. These coatings are often found in products like Teflon cookware.
The following states restrict or ban PFAS in certain plastics:
Textiles
PFAS are commonly applied to textiles, including carpets, upholstery, and outdoor gear, to enhance their durability. These chemicals provide the fabrics with stain resistance and water repellence, making them more resistant to wear and easier to maintain over time.
The following states restrict or ban PFAS in textiles:
- California (AB 1817)
- Colorado (SB 22-1345)
- Indiana (HB 1341)
- Maine ( LD 1537, LD 1503)
- Maryland (HB 0275)
Water
PFAS contamination of drinking water has become a major concern, primarily due to industrial discharges, firefighting foam runoff, and wastewater treatment plants. These sources of pollution have prompted widespread efforts to regulate and mitigate PFAS levels in water supplies to protect public health and the environment.
The following states regulate PFAS in water supplies:
Why are there state-level restrictions on PFAS rather than federal?
States have taken the initiative to establish their own PFAS regulations, often filling gaps left by federal oversight. Many state authorities and NGOs believe that the federal government lacks a sense of urgency in addressing PFAS contamination. This perception is reinforced by a backlog in federal risk assessments for thousands of potentially hazardous chemicals, with laws like the Toxic Substances Control Act (TSCA) often being criticized for slow, narrow approaches.
In contrast, states can:
- Tailor regulations to meet the specific needs and concerns of their populations, offering more targeted and effective solutions.
- Adapt regulations to address state-specific risks, as contamination levels and sources can vary significantly across regions.
- Prioritize public health and safety by acting swiftly to protect residents.
- Safeguard local ecosystems and natural resources, addressing the substantial environmental impacts of PFAS contamination.
Which companies have to comply with state-level PFAS regulations?
Consumer product manufacturers, importers, and retailers are the most affected companies when it comes to state-level PFAS regulations, but it varies on a state-by-state basis. For example, a manufacturer may be legally allowed to include PFAS in its products during the manufacturing process in one state, but a retailer is not able to sell those products within a different state due to PFAS bans or restrictions.
Leverage Source Intelligence’s robust PFAS compliance solution
While there are many similarities between state-level PFAS regulations, businesses must understand the specific laws for each state in which they manufacture or sell products. Thoroughly understanding each state’s PFAS restrictions while anticipating changes to existing regulations is challenging for many businesses. This is all in addition to the preparation for new regulations, which continue to grow nationwide.
Source Intelligence’s PFAS solution streamlines the PFAS compliance process. Our industry-leading platform helps you identify PFAS in your supply chain, cross-check your products against varying PFAS regulations, and generate customized PFAS declarations. We offer flexible delivery models through software and expert-managed services to meet your specific business needs.
