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Several states in the U.S. have published proposals to prohibit PFAS chemicals in consumer products. The scope of products targeted is essentially food contact materials and articles.

SAFEGUARDS | Consumer ProductsNO. 018/21

 SG 01821 Fire PPE

Perfluoroalkyl or polyfluoroalkyl substances (PFAS) are a diverse family of synthetic chemicals that are used in the manufacture of everyday products with anti-stain, water, grease, oil and/or dirt repelling properties. These chemicals, which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), are known to be used in the manufacture of a wide variety of consumer products, including cosmetics, food contact materials and articles, firefighting foam, stain-resistant carpets and upholstered furniture, as well as waterproof apparel and equipment.

In the U.S., the use of PFAS is regulated in a number of jurisdictions, including California (Prop 65), Maine, New York, San Francisco and Washington (SafeGuardS 175/17, 42/18, 124/18, 89/19 and 179/20).

Since the beginning of 2021, several proposals at the U.S. state level have been published to prohibit PFAS in consumer goods, especially those in food packaging. It is interesting to note that Minnesota’s SF 373 is also proposing to prohibit phthalates and bisphenols (bisphenol A (BPA) and its analogues) as part of its regulated substances in food contact materials and articles.

Highlights of these bills are summarized in Table 1.

Jurisdiction (Bill) Substance Scope  Requirement Proposed Effective Date
Connecticut
(Proposed SB 111)
PFAS Food packaging
Prohibited when alternatives are determined to be available ----
---
Food packaging containing expanded polystyrene
----
Connecticut
(Proposed SB 404)
PFAS
Consumer products Prohibited
----
Iowa
(SF 19)
PFAS
Food packaging
Prohibited
January 1, 2023¹
Iowa
(HF 293)
Flame retardants
Residential upholstered furniture
≤ 0.1% each FR and ≤ 0.1% of a FR mixture (fabrics, coverings or cushioning materials)
January 1, 2022¹
PFAS
Food packaging
Prohibited
January 1, 2022¹
Class B firefighting foam
Prohibited
January 1, 2022¹
Fire firefighting personal protective equipment
Prohibited
January 1, 2022¹
Minnesota
(SF 70/HF 79)
PFAS
Food packaging Prohibited
January 1, 2022
Minnesota
(SF 373)
PFAS
Food packaging Prohibited unless presence is incidental
January 1, 2023
ortho-Phthalates
Bisphenols
Rhode Island
(S.110)
PFAS
Food packaging
Prohibited
January 1, 2022
¹ Stocks acquired before this date are exempt

Table 1

It is important to note that the language in a bill may change as it proceeds through 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. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website. 

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420

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