Does PFAS Legislation Put Your Product at Risk?

As regulations surrounding safety and health continue to change, it is important to understand how state and federal laws regarding per- and polyfluoroalkyl substances (PFAS) may impact you. This is the case even if you haven’t intentionally added PFAS chemicals to your products. Staying informed can help you avoid fines, legal risks, and reputational damage. As awareness of the risks associated with PFAS grows, there is a potential for lawsuits, a topic we discussed in our previous blog post, “Avoiding the Risks of PFAS-Free Claims.” In this installment, we will explore legislation concerning PFAS and how it might affect you.

States are taking the initiative to restrict PFAS chemicals in consumer products. Currently, more than half of the US states, including California, Maine, Minnesota, New Mexico, and Washington, have passed legislation banning PFAS in various consumer products. These products include textiles, children’s products, cleaning supplies, food packaging, cookware, personal care products, and more.

What is the Definition of PFAS?

Per- and polyfluoroalkyl substances (PFAS) have been used for decades to make products stain-resistant, nonstick, and water-repellent. Known as “forever chemicals,” the fluorine in these compounds decomposes very slowly and makes its way into water supplies, soil, and the human body.

The unique characteristic of these water-resistant chemicals lies in the strong bond between fluorine and carbon atoms. Scientists de f ine PFAS as a category of organic chemicals that contain fluorine and have at least one completely fluorinated carbon atom. This common definition helps both state and federal governments in developing consistent PFAS legislation for producers, sellers, and regulators.

Making Sense of State Legislation

Tracking individual state bans on PFAS in products is challenging due to varying state laws. On the whole, state legislation bans only the intentional use of PFAS. California, however, establishes particular restrictions on the levels of PFAS (quantified as total organic fluorine) that can exist in consumer products. Companies may need to monitor PFAS in products through testing to ensure they stay within these limits. Additionally, if the accepted amount of fluorine levels is reduced through legislation, companies may be forced to eliminate unintentional PFAS.

States Taking the Lead on PFAS Restriction

According to Safer States, thirty states are expected to consider PFAS-related policy in 2025. California, Maine, Minnesota, and New Mexico are at the forefront of PFAS legislation for consumer products.

*Map Courtesy of Safer States

Minnesota, a leader in PFAS regulation, has enacted legislation to ban PFAS in 11 product categories sold or distributed in the state. The first stage of the law, which went into effect at the beginning of 2025, will impact manufacturers of various household products, including carpets, cleaning products, cookware, and upholstered furniture. The second stage of this law, which goes into effect in 2032, will ban all products with intentionally added PFAS unless their use is unavoidable.

New Mexico has also passed legislation that will phase out the intentional use of PFAS in consumer products. The law will ban PFAS in cookware, food packaging, and children’s products in 2027 and extend the ban to cosmetics, furniture, carpets, and additional categories in 2028, with a complete ban by 2032.

Maine has banned PFAS in carpets and fabric treatment since 2023. In 2026, it will add cleaning products, cosmetics, textiles, and children’s products, among others, to the ban. The upcoming legislation will impose a complete ban on all products containing intentionally added PFAS by 2032. The only exception to this prohibition will be for unavoidable use of PFAS.

California, with the strictest regulations regarding PFAS, has implemented laws that ban PFAS in single products, including cosmetics, children’s products, cookware, and food packaging. The California Textile PFAS Law, which took effect on January 1, 2025, prohibits the intentional use of PFAS in textiles and mandates that any item containing PFAS at levels of 100 parts per million (ppm) or higher must carry a warning label. This restriction pressures companies to eliminate contamination at or above that level.

Colorado banned PFAS in carpets, food packaging, children’s products, fabric treatments, and oil and gas products in 2024. This year it added cosmetics, indoor textile furnishings, and indoor upholstered furniture to the ban.

Washington’s Safer Products law restricts PFAS chemicals when safer alternatives exist. The state has banned PFAS in clothing and cleaning products. In 2023, it extended the ban to cosmetics and food packaging.

Top Product Restrictions

States are focusing their bans on products that have the most PFAS use. Data from Safer States shows firefighting foam in the forefront with the most restrictions, followed closely by food packaging and carpets or rugs. Medical-related products are typically exempt from bans because they are necessary for health and safety.

Softly Solutions’ Green Claim Navigator can help identify which states have PFAS bans on various products. By utilizing this platform, you can easily access up-to-date information on state-specific regulations related to PFAS, including which products are affected. The Green Claim Navigator enables you to make informed decisions about compliance with current regulations and legislation.

Is Your Company Affected by Federal Regulations?

While state legislation on PFAS bans is accelerating, the federal government has yet to implement a ban on these substances in consumer products. Federal oversight of chemicals in products is primarily handled by the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Federal Trade Commission (FTC). Most national legislation targets contamination in water supplies and regulates polluters. Federal regulators and lawmakers, however, are looking at PFAS and are taking the following actions:

Environmental Protection Agency: The EPA announced in April its ongoing commitment to safeguard public water systems by preventing PFAS contamination in drinking water and ensuring that polluters are held accountable.
- The EPA is prioritizing PFAS regulation under the Toxic Substances Control Act (TSCA), requiring companies with PFAS in their supply chains to provide relevant information for research and monitoring.
- Additionally, the EPA plans to expand testing under TSCA and collaborate with states to assess risks and support cleanup efforts.

Food and Drug Administration: The FDA plans to assess the safety of PFAS in cosmetics and will release the findings by the end of 2025.

Federal Trade Commission: The FTC Green Guides do not specifically regulate PFAS, but they do oversee claims about green attributes such as non-toxic and chemical-free. Making such claims could lead to scrutiny regarding PFAS in your product.

What Are the Laws in the European Union?

The European Union regulates PFAS through the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). Many PFAS chemicals have been classified as substances of very high concern (SVHC) under the EU REACH Regulation due to their persistent, bioaccumulative, and toxic properties.

In February 2023, the European Chemicals Agency (ECHA) released a proposal to prohibit per- and polyfluoroalkyl substances (PFAS). This will not only directly influence companies based in the EU but will also impact businesses worldwide through their supply chains and customer demands. Like other EU regulations on chemicals and the environment, this ban could set a standard for future regulations in the United States and worldwide.

Conclusion

The landscape of PFAS legislation varies significantly across states, making it essential for businesses to stay current about ongoing regulatory developments. By staying informed about legislative changes, you can more effectively navigate compliance requirements, adopt safer practices, and reduce the risks of lawsuits and reputational damage.

FAQs

What are PFAS chemicals?
- Per- and polyfluoroalkyl substances (PFAS) are a group of chemicals that make products water-repellent, stain-resistant, and nonstick. They are defined by their strong bond between fluorine and carbon atoms and decompose slowly.
Our company does not intentionally add PFAS to its products. Should I be concerned about PFAS legislation?
- State laws usually prohibit only the intentional use of PFAS. However, California has specific limits on the allowable levels of PFAS in consumer products, making testing for PFAS a good practice.
What are the risks associated with noncompliance with PFAS legislation?
- Non-compliance with state bans on PFAS in products may result in fines, civil penalties, and even criminal charges. In addition, PFAS in products may also lead to lawsuits and reputational damage.
How can I keep track of all the state legislation for banning PFAS?

References

Information provided is for general purposes only and not legal advice; consult a qualified attorney for personalized guidance. Softly disclaims any liability for actions based on this information.

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