A wave of PFAS-related regulatory requirements in consumer products is here and impacted industries should be prepared to track state legislative and regulatory developments. Beginning this year in 2023, many states will require certain industry sectors to limit or eliminate PFAS in certain consumer products. State restrictions take the form of statutory amendments or new statutes and cover industries from clothing to food packaging to cosmetics and personal care products. While the bills outlining these requirements were proposed in prior legislative sessions, effective dates of the new requirements began on Dec. 31, 2022, and continue through 2030.

Broad Bans of Intentionally Added PFAS Compounds

In Maine, LD 1502 bans intentionally added PFAS from all products of any kind sold in the state. Parties selling products in Maine will be subject to intermediate deadlines, which are fast approaching, but are designed to allow industry sectors to find alternatives to intentionally added PFAS. The first of these requirements began Jan. 1, 2023, requiring a phaseout of rugs, carpet, and fabric treatments containing PFAS, with a total ban on the chemicals in all products effective by 2030.

Restrictions on the Use of PFAS in Food Packaging and Apparel