State legislatures in U.S. considering bills to ban PFAS in 13 categories of everyday consumer items; proposed legislation targets personal care products, carpet, outdoor apparel, cosmetics, textiles, and other common products: Legislation Monitor

October 24, 2024 (Industry Intelligence Inc.) –

State legislatures across the United States are advancing bills to ban everyday consumer products containing PFAS substances. If enacted, these bans could affect more than 13 categories of common items such as carpets, cookware, personal care products, menstrual products, cleaning supplies, outdoor apparel, cosmetics, textiles, food packaging, and medical supplies.

Proposals under consideration include:

• NH HB465. This New Hampshire bill seeks to limit PFAS in specific consumer goods, including food packaging, carpets, rugs, and furniture, with an effective date of July 1, 2025.
• NY A09005. This New York bill proposes phasing out the sale of products with intentionally added PFAS, such as carpets, cookware, cosmetics, and personal care items. In addition, it would require manufacturers to notify the state about products containing PFAS by 2026. Prohibitions on product sales would phase in over 2027-2032 unless the product receives an ‘unavoidable use’ exemption by the state.
• DE HR34. This Delaware proposal aims to phase out avoidable PFAS in consumer products sold within the state. It calls for a comprehensive definition of PFAS that aligns with standards set by other states and research organizations, although specific implementation details are not outlined.
• PA HB2238. This bill in Pennsylvania prohibits the intentional addition of PFAS in certain products, including cleaning supplies, cosmetics, food packaging, textiles, and outdoor apparel designed for wet conditions. Manufacturers would need to register and disclose information about PFAS products starting January 1, 2026, with a ban on manufacturing and sales effective January 1, 2027.
• NJ A4767. This New Jersey measure would ban the sale and distribution of menstrual products containing regulated PFAS, taking effect 18 months after enactment.

PFAS substances enhance resistance to stains, water, and grease while improving non-stick properties in a wide range of products. According to Toxic Free Future, 74% of products marketed with these benefits contain PFAS. Banning these substances may force companies to seek replacement materials, reformulate their products, and restructure their supply chains.

However, not all proposed bills become law. California recently scuttled a bill that would have banned intentionally added PFAS in most new products in the state after estimates showed it would cost about US$10 million annually to implement.

Keeping up with legislative changes can be a challenge for companies. Failing to stay informed about new laws can result in non-compliance, costly product recalls, redesigns, penalties, erosion of consumer trust, and even legal action.

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