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US Legislative Developments: PFAS in Consumer Products

SafeGuardSAutomotive, Cosmetics & Personal Care, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsFeb 04, 2025

SG 021/25

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

Per- and polyfluoroalkyl substances (PFAS), which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are a diverse group of synthetic chemicals that have been widely used in industry and consumer goods for many years. Their properties and functions 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 US, a host of jurisdictions across the nation have implemented measures to regulate PFAS chemicals in consumer goods. These include, but are not limited to, California, Colorado, Connecticut, Hawaii, Indiana, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, San Francisco, Santa Rosa, Rhode Island, Vermont and Washington. Moreover, the scope of regulated products and their requirements for PFAS are jurisdiction dependent.

Since the beginning of 2025, several bills have been introduced at the state level to restrict/prohibit PFAS in a range of products. Highlights of these bills are summarized in Table 1.

Jurisdiction (Bill)ScopeUnless otherwise stated, requirement for PFASProposed effective date
Connecticut
(HB 887)
  • Cookware
Exempts polymer-coated cookware authorized by the Food and Drug Administration (FDA) from statutory requirements -
Connecticut
(HB 5914)
  • Paper straws
Prohibited -
Hawaii
(HB 644 / SB 1020)
  • Disposable or single-use food ware, beverage cups, lids or other food containers
Prohibited for businesses where food or beverages are packaged and sold on the premises if either: 1) intentionally added for a functional or technical effect, or 2) ≥ 100 ppm as total organic fluorine (TOF) January 1, 2026
Hawaii
(SB 683)
  • Cosmetics
  • Food packaging
  • Food service ware¹
  • Personal care products
Prohibited if intentionally added January 1, 2028
Illinois
(HB 1295)
  • Products
Reporting required with potential fees if product contains intentionally added PFAS On or before January 1, 2027
  • Carpets and rugs
  • Cleaning products
  • Compostable products
  • Cookware
  • Cosmetics
  • Dental floss
  • Fabric treatments
  • Food packaging
  • Intimate apparel
  • Juvenile products
  • Menstrual products
  • Ski wax
  • Textile furnishings
  • Upholstered furniture
Prohibited if intentionally added January 1, 2026 (additional products may be identified and prohibited no earlier than January 1, 2026, but no later than January 1, 2033)
  • Products
Prohibited if intentionally added, unless determined by rule that the use of PFAS is currently unavoidable January 1, 2033
Illinois
(SB 117)
  • Cookware
  • Cosmetics
  • Dental floss
  • Food packaging or food contact products
  • Intimate apparel
  • Juvenile products
  • Menstrual products
Prohibited if intentionally added January 1, 2026
Illinois
(SB 167)
  • Juvenile products
Prohibited if intentionally added January 1, 2026
Kentucky
(HB 102)
  • Products
Reporting required if product contains intentionally added PFAS January 1, 2026, and every January 1 thereafter
Minnesota
(HF 303)
  • Juvenile all-terrain vehicles
  • Juvenile off-highway motorcycles
  • Juvenile product’s internal components not coming into contact with skin or mouth during reasonably foreseeable use and abuse
Warning label requirement replacing current prohibition Day after enactment
Montana
(HB 290)
  • Cosmetics
  • Juvenile products
  • Menstrual products
Prohibited if intentionally added January 1, 2028
  • Class B Firefighting Foam
Prohibited if intentionally added unless a notice with the state fire marshal has been filed January 1, 2028
New Hampshire
(HB 167)
  • Waxes for boats, skis, surfboards, bodyboards and skimboards
Prohibited if intentionally added January 1, 2027
New Jersey
(A 5195)
  • Firefighting personal protective equipment (FPPE)
Manufacturer to provide notice to purchaser that FPPE contains PFAS Six months after effective date of the public law (P.L.)
Prohibited if intentionally added Two years after effective date of the P.L.
New York
(S 187)
  • Architectural paints
  • Cleaning products
  • Dental floss
  • Fabric treatments
  • Rugs
  • Ski waxes
  • Textile articles
Prohibited if either: 1) intentionally added, or 2) at or greater than a TOF level to be established by regulation January 1, 2027
New York
(A 1430)
  • Medical adhesives and bandages
Prohibited if intentionally added December 31, 2026
New York
(S 1464)
  • Packaging
Prohibited if intentionally added2 Three years after promulgation of rules and regulations under this law
  • Packaging
Prohibited at a level to be established by regulation2 Five years after promulgation of rules and regulations under this law
Rhode Island
(HB 5019)
  • FPPE
Prohibited if intentionally added January 1, 2027
¹Designed for single use for or alongside prepared foods

2Prohibition also includes ortho-phthalates, bisphenols, heavy metals and compounds, including lead, hexavalent chromium, cadmium, and mercury (excluding copper phthalocyanine), benzophenone and its derivatives, halogenated flame retardants, perchlorate, formaldehyde, toluene, antimony and compounds, UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol), polyvinyl chloride (including polyvinylidene chloride), polystyrene (excluding EPS (expanded polystyrene)) or polycarbonate

Table 1

SGS is committed to providing information about developments in regulations for consumer products as complimentary services. Through our global network of laboratories, we offer 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.

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