U.S. Legislative Developments: PFAS in Consumer Products

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.

Table 1 

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

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