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PFAS in consumer products: state-by-state regulations
Updated: November 2023
Nov 13, 2023Summary
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products. This area is rapidly developing as states create new laws, and the penalties and litigation risks for non-compliance can be significant.
PFAS Background
PFAS is a family of chemicals comprised of somewhere between 5,000-15,000 compounds depending on the regulatory definition. According to the Agency for Toxic Substances and Disease Registry (“ATSDR”), PFAS have been reported in consumer products, including the following:
- “Some grease-resistant paper, fast food containers, microwave popcorn bags, pizza boxes, and candy wrappers;
- Stain resistant coatings used on carpets, upholstery, and other fabrics;
- Water resistant clothing;
- Cleaning products;
- Personal care products (shampoo, dental floss) and cosmetics (nail polish, eye makeup); and
- Paints, varnishes or sealants.”
Specific Consumer Product Regulations
States have taken many different approaches to regulating consumer products containing PFAS, but most state laws principally focus on the following product sectors:
- Food Packaging;
- Cosmetics or Personal Care Products;
- Children’s Products;
- Textiles, Fabrics, and Apparel;
- Carpets or Rugs, and Upholstery; and
Below is an overview of enacted and proposed state laws and regulations as of November 7, 2023, to assist you in investigating whether your products may be impacted.
The following information identifies what specific product categories each state regulates, but does not include the specific regulatory levels or requirements to avoid confusion because the structure and limits vary widely from state to state.
Product Categories
Proposition 65: All consumer products sold to California consumers may require warnings if these products contain PFOA, PFOS, PFOS salts and transformation and degradation precursors, and PFNA and its salts above safe harbor levels.
Regulatory Status
Enacted
Reference and Details
California’s Office of Environmental Health Hazard Assessment information
Product Categories
Cosmetics
Regulatory Status
Enacted
Reference and Details
Product Categories
Rugs and carpets
Regulatory Status
Enacted
Reference and Details
Product Categories
Cookware and food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Children’s products
Regulatory Status
Enacted
Reference and Details
Product Categories
Recycling
Regulatory Status
Enacted
Reference and Details
Product Categories
Composting
Regulatory Status
Enacted
Reference and Details
Product Categories
Textiles and apparel
Regulatory Status
Enacted
Reference and Details
Product Categories
Treatments – converted textiles or leather
Regulatory Status
Enacted
Reference and Details
Product Categories
Enforcement and penalties for juvenile products and food packaging
Regulatory Status
Proposed
Reference and Details
Product Categories
- Carpets and rugs
- Fabric treatments
- Food packaging
- Children’s products
- Oil and gas products
- Cookware – certain labelling requirements
- Cosmetics
- Indoor and outdoor textile furnishings
- Indoor and outdoor upholstered furniture
Regulatory Status
Enacted
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
- Cookware
- Carpets or rugs
- Fabric treatments
- Food packaging
- Juvenile treatments
- Oil and gas products
- Apparel
- Cosmetics
- Indoor and outdoor upholstered furniture
- Indoor and outdoor textile furnishings
Regulatory Status
Proposed
Reference and Details
Product Categories
Recycling
Regulatory Status
Proposed
Reference and Details
Product Categories
Cosmetics
Regulatory Status
Proposed
Reference and Details
Product Categories
PFOS as a “Priority Chemical” in children’s products
Regulatory Status
Enacted
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Pesticides
Regulatory Status
Enacted
Reference and Details
Product Categories
Carpets, rugs, and fabric treatments
Regulatory Status
Enacted
Reference and Details
Product Categories
Prohibit PFAS in all consumer products by 2030
Note: some requirements began on January 1, 2023
Regulatory Status
Enacted and proposed
Reference and Details
Maine Department of Environmental Protection information
Product Categories
Fertilizer and composting
Regulatory Status
Enacted
Reference and Details
Product Categories
Written notification for PFAS in consumer products
Regulatory Status
Proposed
Reference and Details
Product Categories
Cosmetics
Regulatory Status
Enacted
Reference and Details
Product Categories
- Food packaging
- Rugs and carpets
Regulatory Status
Enacted
Reference and Details
Product Categories
Pesticides
Regulatory Status
Enacted
Reference and Details
Product Categories
Recycling
Regulatory Status
Proposed
Reference and Details
Product Categories
Food packaging
Regulatory Status
Proposed
Reference and Details
Product Categories
Mosquito management
Regulatory Status
Proposed
Reference and Details
Product Categories
- Child passenger restraints
- Cookware
- Fabric treatments
- Personal care products
- Rugs and carpets
- Upholstered furniture
- Children’s products
Establish various dates, such as January 1, 2030, for stopping the inclusion of PFAS in a variety of consumer products
Regulatory Status
Proposed
Reference and Details
Product Categories
Fertilizer
Regulatory Status
Proposed
Reference and Details
Product Categories
Children’s products
Regulatory Status
Proposed
Reference and Details
Product Categories
Artificial turf
Regulatory Status
Proposed
Reference and Details
Product Categories
Packaging reduction and recycling
Regulatory Status
Proposed
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Prohibit PFAS substances in certain cannabis packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Children’s products
Regulatory Status
Proposed
Reference and Details
Product Categories
- Carpets or rugs
- Cleaning products
- Cookware
- Cosmetics
- Dental floss
- Fabric treatments
- Juvenile products
- Menstruation products
- Textile furnishings
- Ski wax
- Upholstered furniture
By January 1, 2032, prohibit intentionally added PFAS in any product
Regulatory Status
Enacted
Reference and Details
Product Categories
Recycling
Regulatory Status
Proposed
Reference and Details
Product Categories
Pesticides
Regulatory Status
Proposed
Reference and Details
Product Categories
Written notification for PFAS in consumer products
Regulatory Status
Proposed
Reference and Details
Product Categories
Children’s products
Regulatory Status
Enacted
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
N.Y. Environmental Conservation Law § 37-0209
N.Y. Department of Environmental Conservation information
Product Categories
Carpets
Regulatory Status
Enacted
Reference and Details
Product Categories
Apparel
Regulatory Status
Enacted
Reference and Details
Product Categories
Anti-fogging sprays and wipes
Regulatory Status
Proposed
Reference and Details
Product Categories
Packaging and recycling
Regulatory Status
Proposed
Reference and Details
Product Categories
Cosmetics/personal care products
Regulatory Status
Proposed
Reference and Details
Product Categories
Pet products
Regulatory Status
Proposed
Reference and Details
Product Categories
Feminine hygiene products
Regulatory Status
Proposed
Reference and Details
Product Categories
- Carpets or rugs
- Cookware
- Cosmetics
- Fabric treatments
- Personal care products
Beginning on January 1, 2032, a person shall not sell or distribute any product that contains PFAS substances unless the use of PFAS in such product is currently an unavoidable use.
Regulatory Status
Proposed
Reference and Details
Product Categories
- Textile articles
- Rugs
- Cookware
- Fabric treatments
- Ski wax
- Architectural paints
- Children’s products
- Cleaning products
Regulatory Status
Proposed
Reference and Details
Product Categories
Industrial facility uses
Regulatory Status
Proposed
Reference and Details
Product Categories
Children’s products
Regulatory Status
Enacted
Reference and Details
Toxic Free Kids Act: ORS 431A.250 et al.
Product Categories
Food containers
Regulatory Status
Enacted
Reference and Details
Product Categories
Cosmetics
Regulatory Status
Enacted
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Composting
Regulatory Status
Proposed
Reference and Details
Product Categories
- Rugs and carpets
- Fabric treatments
- Upholstered furniture
- Textile furnishings
- Apparel (including outdoor apparel and uniforms)
- Cosmetics
- Children’s products
- Cookware
Regulatory Status
Proposed
Reference and Details
Product Categories
- Artificial turf
- Cleaning products
- Carpets and rugs
- Cookware
- Cosmetics
- Fabric treatments
- Children’s products
- Menstrual products;
- Ski wax
- Textile articles
- Outdoor apparel
Regulatory Status
Proposed
Reference and Details
Product Categories
Children’s products
Regulatory Status
Enacted
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Rugs, carpets, and aftermarket stain and water resistant treatments
Regulatory Status
Enacted
Reference and Details
Product Categories
Ski Wax
Regulatory Status
Enacted
Reference and Details
Product Categories
Labeling and composting
Regulatory Status
Proposed
Reference and Details
Product Categories
- Apparel
- Cookware
- Paper products
- Pesticides (over 20 ppt)
- Cosmetics
- Ski Wax
Beginning on January 1, 2030, a person shall not sell or distribute any product that contains intentionally added PFAS substances unless the use of PFAS in such product is currently an unavoidable use.
Regulatory Status
Proposed
Reference and Details
Product Categories
- Cosmetics
- Menstrual products
- Textiles
- Artificial turf; and
- Outdoor apparel
Regulatory Status
Proposed
Reference and Details
Product Categories
Food packaging
Regulatory Status
Enacted
Reference and Details
Product Categories
Children’s products
Regulatory Status
Enacted
Reference and Details
Product Categories
Pollution Prevention for Our Future Act, identifying various “Priority” consumer products that use PFAS substances.
Regulatory Status
Enacted
Reference and Details
Washington Department of Health information
Washington Department of Ecology information
Product Categories
Regulate PFAS consumer products identified in the Chemical Action Plan.
Regulatory Status
Enacted
Reference and Details
2022 Washington Chemical Action Plan
Product Categories
- Carpets and rugs
- Aftermarket water and stain resistance treatments
- Leather and textile furnishings for indoor use
Regulatory Status
Enacted
Reference and Details
Washington Department of Ecology information
Product Categories
Cosmetics
Regulatory Status
Enacted
Reference and Details
No PFAS consumer product regulations (as of the date of publication): Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
Conclusion
The presence of PFAS in consumer products has become a major focus for consumers, retailers, and state legislatures. The resulting patchwork of state laws and retailer requirements presents significant challenges for the industries that are currently being regulated, and future challenges for any other industries that use PFAS compounds. In addition, while most states have regulated the inclusion of PFAS in specific product categories, Maine and Minnesota have passed sweeping laws that require the disclosure and eventual removal of intentionally added PFAS in all products, including industrial and commercial products. The regulation of these chemicals in consumer products will continue at the state level, and possibly at the federal level as well, so now is a critical time for businesses to evaluate whether any of their products or production methods contain or use these chemicals.
For more information on PFAS chemicals, and the regulatory and litigation risks that they pose, please visit our PFAS webpage. If you believe that you may be impacted by enacted laws or proposed bills, or if you would like help with evaluating whether PFAS may be present in your products, please contact Tom Lee, Bryan Keyt, John Kindschuh, Emma Cormier, or any other member of our PFAS team at Bryan Cave Leighton Paisner LLP.
Related Practice Areas
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PFAS Team
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Environment
