US Legislative Developments: PFAS in Consumer Goods

SG 16/23

Several states in the US have introduced bills to regulate PFAS in a range of consumer products. The scope of products and their requirements are jurisdiction dependent.

Per- and polyfluoroalkyl substances (PFAS), which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are a diverse group of synthetic chemicals that has been used in industry and consumer goods for many years. Their properties and function to repel water, grease, oil and/or dirt enable them to be used in the manufacture of a wide range of everyday consumer goods, including after treatments, apparel, carpets and rugs, cosmetics, firefighting foam, food contact materials and articles, non-stick cookware, ski wax and upholstered furniture.

Over the years, PFAS have increasingly been regulated due to their toxic effects and negative impacts on the environment. In the United States (US), a host of jurisdictions across the nation have implemented measures to regulate specific PFAS chemicals or PFAS as a family of chemicals in consumer goods. These include, but are not limited to California, Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, New York, San Francisco, Santa Rosa, Rhode Island, Vermont and Washington. Furthermore, the scope of regulated products and their requirements for PFAS are jurisdiction dependent.

Since the beginning of 2023, a number of bills have been introduced at the state level to restrict/prohibit PFAS in a range of products.

Highlights of several of these bills are summarized in Table 1.

¹Also regulates cosmetic and personal care products
²Also regulates flame retardants in upholstered furniture
³Also regulates cosmetics
⁴Also regulates a list of specified chemicals in cosmetic and menstrual products
⁵Also regulates pesticides and cosmetics

Table 1

It is important to note that the language in a bill may change as it proceeds in the legislature

SGS is committed to providing information about development in regulations for consumer products as complimentary services. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Contact us for more information or visit our website. In the end, it’s only trusted because it’s tested.