Several states in the U.S. have introduced bills to regulate PFAS in consumer goods. The scope of products and their requirements are jurisdiction dependent.

SAFEGUARDS | Consumer ProductsNO. 032/22

 SG 03222 Pizza Box

Per- and polyfluoroalkyl substances (PFAS), which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are a diverse family of synthetic chemicals that are chemically inert and resistant to high temperatures. Their properties and function to repel water, grease, oil and/or dirt enable them to be used in the manufacture of a wide variety 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 or PFAS as a family of chemicals in consumer goods, including California, Connecticut, Maine, Minnesota, New York, San Francisco (California), Santa Rosa (California), Vermont and Washington. The restricted or prohibited PFAS and the scope of regulated products are specific to each of these jurisdictions. Additionally, the states of Maine, Oregon, Vermont and Washington require disclosure information on certain PFAS in children’s products. 

Since the beginning of 2022, several bills have been published, at the state level, to restrict/prohibit PFAS in a variety of products. These include, but are not limited to, after treatments, anti-fogging sprays and wipes, athletic turf fields, cookware, cosmetics, food packaging, furnishings, juvenile products, ski wax, textile articles and upholstered furniture.

Highlights of these bills are summarized in Table 1.

Jurisdiction (Bill)

Scope

Requirements for PFAs

Proposed Effective Date

California 
(AB 1817)

Textile articles including apparel, backpacks, beddings, costumes and accessories, draperies, furnishings, handbags, napkins, towels, tablecloths and upholstery

Prohibited if intentionally added, or equal to or greater than the practical quantitation limit (PQL) when measured as total organic fluorine

January 1, 2024

California
(AB 2247)

Products or product components

Registration for PFAS, PFAS-containing products, or PFAS-containing components

January 1, 2024

Hawaii
(HB 1644 HD 1*)

Food packaging – food boats, pizza boxes, plates, and wraps and liners 

Prohibited if intentionally added 

December 31, 2024

Iowa
(HF 2063**)

  • Class B firefighting foam

  • Food packaging

  • Firefighting personal protective equipment

Prohibited if intentionally added

January 1, 2023

Maryland
(SB 273*)

Food package or food packaging component

Prohibited if intentionally added

January 1, 2023

Minnesota
(HF 2907 1st Engrossment/SF 3327)

Cookware

Prohibited

January 1, 2024

Minnesota
(HF 2952 1st Engrossment)

Ski wax or relating tuning product

Prohibited

July 1, 2024

Minnesota
(HF 3075/SF 3326)

Products

Reporting if intentionally added

January 1, 2025

Minnesota
(HF 3076/SF 3345)

Apparel or outerwear

Prohibited

January 1, 2025

Minnesota
(HF 3180/SF 3307)

  • Carpets or rugs

  • Fabric treatments

  • Textile furnishings 

  • Upholstered furniture

Prohibited

January 1, 2024

Minnesota
(HF 3571)

Juvenile products

Prohibited

January 1, 2024

New York
(S08188)

Anti-fogging sprays and wipes

Prohibited if intentionally added

December 31, 2022

Rhode Island
(HB 7436*)

Products

To identify priority products by rule if intentionally added 

By January 1, 2024

Products

Reporting if intentionally added

January 1, 2025

  • Carpets and rugs

  • Common apparel

  • Cookware

  • Cosmetics

  • Fabric treatments

  • Textile furnishings

  • Upholstered furniture

Prohibited

January 1, 2024

Juvenile Products

Prohibited

July 1, 2023

Outdoor Apparel

Prohibited

January 1, 2025

Rhode Island
(H 7438/S 2044)

Food Packages

Prohibited if intentionally added

January 1, 2024

Rhode Island
(SB 2049)

Food packaging

Prohibited if intentionally added

January 1, 2023

  • Carpeting

  • Clothing

  • Package, packaging, or component of package

Warning label if intentionally added

January 1, 2023

Vermont
(H.650)

Products

Reporting if intentionally added

By January 1, 2024

Products

Unless unavoidable as determined by Dept of health, prohibited if intentionally added

January 1, 2030

Vermont
(SB 267***)

Athletic turf fields

Prohibited if intentionally added

July 1, 2022

*Also regulates Class B Firefighting foams
**Also regulates flame retardants in upholstered furniture
***Also regulates more than 30 substances in 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. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

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

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