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    PFAS Regulations: December 2022 Update on Consumer Products by State

    Sienna BlakeBy Updated:No Comments8 Mins Read
    PFAS Regulations: December 2022 Update on Consumer Products by State

    Summary of the Impact of PFAS Regulations on Consumer Products

    The landscape of consumer product manufacturing, distribution, and retailing is undergoing significant changes due to stringent regulations concerning the presence of per- and polyfluoroalkyl substances (PFAS) in various products. These regulations affect a wide range of industries, with states rapidly enacting new laws that impose severe penalties and litigation risks for non-compliance. Staying informed about these evolving regulations is crucial for all stakeholders in the supply chain to mitigate potential legal repercussions and to ensure compliance with state and federal mandates.

    In addition to state-level regulations, it is important to highlight that the House of Representatives approved the PFAS Action Act of 2021 on July 21, 2021. This legislation includes essential provisions related to labeling requirements for specific consumer products, addressing growing concerns about PFAS exposure (see section 10 of the Act for more information). Although the Senate’s approval is still pending, the movement towards federal regulation indicates a heightened awareness and urgency surrounding PFAS issues in consumer products.

    Understanding PFAS: Key Facts and Concerns

    PFAS encompasses a vast family of chemicals, estimated to include between 5,000 and 12,000 individual compounds, depending on the definitions used by regulators. According to the Agency for Toxic Substances and Disease Registry (ATSDR), these substances have been detected in various consumer products, such as:

    • Grease-resistant items like paper, fast food containers, microwave popcorn bags, pizza boxes, and candy wrappers;
    • Nonstick cookware (for example, Teflon);
    • Stain-resistant coatings applied to upholstery and other fabrics;
    • Durable water-repellent clothing;
    • Cleaning agents;
    • Personal care items (including shampoos and dental floss) and cosmetics (such as nail polish and eye makeup);
    • Paints, varnishes, and sealants.

    Furthermore, organizations such as the United States Environmental Protection Agency (EPA) emphasize that certain PFAS chemicals can accumulate in both human and animal bodies, primarily through ingestion via contaminated water and food sources. In response, various states have issued health advisories aimed at limiting the consumption of deer meat and fish tissue, underscoring the health risks associated with PFAS.

    Overview of PFAS Regulations in Consumer Products by State

    States across the U.S. have adopted a variety of approaches to regulate consumer products containing PFAS. These regulations primarily target specific product sectors, although it is important to note that these categories are not exhaustive. Current areas of focus include:

    • Food Packaging;
    • Cosmetics and Personal Care Products;
    • Children’s Products;
    • Textiles, Fabrics, Carpets, Rugs, and Upholstery;
    • Consumption advisories for Fish Tissue and Deer Meat.

    The following overview provides insights into the enacted and proposed state laws and regulations as of December 20, 2022, assisting businesses in evaluating how their products may be affected by these changes.

    The accompanying chart outlines the specific product categories regulated in each state, while refraining from detailing the precise regulatory levels or requirements to prevent confusion, as these can differ significantly among states.

    State Product Categories Regulatory Status Reference and Details
    Alabama Fish Consumption Advisory The Alabama Department of Health has issued limitations for fish consumption from one reservoir and two creeks
    Alaska Fish Consumption Advisory The Alaska Department of Health and Social Services has issued limitations for fish consumption in one lake
    California 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 Enacted 27 CCR 27001
    Cosmetics Enacted AB 2762
    Rugs and Carpets Enacted Regulation and DTSC Related Information

    1) Cookware; and

    2) Food Packaging

    		 Enacted AB 1200

    Children’s Products

    		 Enacted AB 652

    Recycling

    		 Enacted SB 343

    Composting

    		 Enacted AB 1201

    Textiles and Apparel

    		 Enacted AB 1817

    Cosmetics (Additional)

    		 Enacted AB 2771

    Treatments – Converted Textiles or Leather

    		 Enacted Regulation and DTSC Related Information
    Colorado

    1) Carpets and Rugs;

    2) Fabric Treatments;

    3) Food Packaging;

    4) Children’s Products;

    5) Oil and Gas Products;

    6) Cookware – certain labelling requirements;

    7) Cosmetics;

    8) Indoor and Outdoor Textile Furnishings; and

    9) Indoor and Outdoor Upholstered Furniture

    		 Enacted HB22-1345
    Connecticut

    Food Packaging

    		 Enacted Public Act No. 21-191

    Fish Consumption

    		 Advisory The Connecticut Department of Energy and Environmental Protection has issued an Advisory for fish consumption in numerous locations
    Georgia

    1) Food Packaging; and

    2) Children’s Products

    		 Proposed HB 1629
    Hawaii

    Food Packaging

    		 Enacted HB 1644

    Recycling

    		 Proposed HB 1646
    Indiana

    Fish Consumption

    		 Advisory Three state agencies have issued limitations for fish consumption from rivers, streams, and lakes for various contaminants, including PFOS substances
    Iowa

    Food Packaging

    		 Proposed HF 2063
    Maine

    PFOS as a “Priority Chemical” in Children’s Products

    		 Enacted 38 M.S.R.A. 1693-A(1), 06-096 Chapter 890

    Food Packaging

    		 Enacted 32 M.S.R.A. 26A.1731-1738

    Pesticides

    		 Enacted LD 264 and LD 2019

    Carpets, Rugs, and Fabric Treatments

    		 Enacted 38 M.S.R.A. 16 §1614

    Prohibiting PFAS in All Products by 2030

    Note: Some requirements begin on January 1, 2023

    		 Enacted 38 M.S.R.A. 16 §1614

    Fish Consumption

    		 Advisory Remedial Action Guidelines for Certain Types of Fish (pg. 66) and the Department of Inland Fisheries and Wildlife Fish Consumption Advisory

    Deer Restrictions

    		 Advisory One “do not eat” restriction has been issued for a certain five-mile area
    Fertilizer and Compost Enacted LD 1911
    Maryland

    Cosmetics

    		 Enacted HB 643

    1) Food Packaging; and

    2) Rugs and Carpets

    		 Enacted SB 273

    Fish Consumption

    		 Advisory The Maryland Department of the Environment has issued limitations for fish consumption in one creek for PFOS substances

    Pesticides

    		 Proposed HB 570

    Recycling

    		 Proposed HB 700
    Massachusetts 

    Fish Consumption

    		 Advisory The Massachusetts Department of the Environment has issued limitations for fish consumption in five ponds and one lake

    Food Packaging

    		 Proposed S 2893

    Mosquito Management

    		 Proposed S 556

    1) Child Passenger Restraints;

    2) Cookware;

    3) Fabric Treatments;

    4) Personal Care Products;

    5) Rugs and Carpets;

    6) Upholstered Furniture; and

    7) Children’s Products

    		 Proposed H 4818
    Michigan

    Fish Consumption

    		 Advisory The Michigan Department of Health and Human Services has issued limitations for fish consumption depending on the specific location

    Deer Restrictions

    		 Advisory One “do not eat” restriction has been issued for a certain three-mile area

    Labeling of Consumer Products Containing PFAS Substances

    		 Proposed SB 0217

    Food Packaging

    		 Proposed HB 5250
    Minnesota

    Food Packaging

    		 Enacted Minn. Stat. § 325F.075

    Fish Consumption

    		 Advisory The Minnesota Department of Health has issued limitations for fish consumption from certain bodies of water

    Food Packaging (Additional)

    		 Proposed HF 79

    Composting

    		 Proposed HF 630

    Prohibit PFAS Substances in Cannabis Packaging

    		 Enacted HF 600

    Cookware

    		 Proposed HF 2907

    Cosmetics

    		 Proposed HF 2906

    Ski Wax

    		 Proposed HF 2952

    Disclosure of Consumer Products Containing PFAS Substances

    		 Proposed HF 3075

    Clothing and Apparel

    		 Proposed HF 3076

    Children’s Products

    		 Proposed HF 3571

    Rugs, Carpets, and Textiles

    		 Proposed HF 3180

    PFAS Funding, PFAS Disclosures or Notifications, and PFAS in the following products:

    1) Carpets and Rugs;

    2) Fabric Treatments;

    3) Upholstered Furniture;

    4) Textile Furnishings;

    5) Cookware;

    6) Cosmetics; and

    7) Ski Wax

    		 Proposed HF 4492
    New Hampshire

    Fish Consumption

    		 Advisory The New Hampshire Department of Environmental Services has issued limitations for fish consumption from five lakes

    1) Disclosure of Consumer Products containing PFAS Substances;

    2) Carpets, Rugs, and Fabric Treatments; and

    3) Prohibiting PFAS in All Products by 2030

    		 Proposed HB 1589

    Labels on Specific Products Containing PFAS

    		 Proposed HB 1422
    New Jersey

    Fish Consumption

    		 Advisory The New Jersey Department of Environmental Protection has issued limits for fish consumption for the high-risk and general populations (See pg. 9)

    Labelling for Products Containing PFAS, and

    Prohibiting PFAS in Various Products:

    1) Cosmetics;

    2) Carpets or Fabric Treatments;

    3) Food Packaging; and

    4) Cookware

    		 Proposed S 3177

    Recycling

    		 Proposed A 1554
    New York

    Children’s Products

    		 Enacted S 501B

    Food Packaging

    		 Enacted N.Y. Environmental Conservation Law § 37-0209

    Fish Consumption

    		 Advisory The New York State Department of Health has issued limitations for fish consumption from multiple waterways in one region

    Carpets

    		 Proposed S 5027

    Apparel

    		 Proposed S 6291

    General Packaging

    		 Proposed A 10185

    Anti-Fogging Sprays and Wipes

    		 Proposed S 8188

    Cosmetics/Personal Care Products

    		 Proposed S 8364

    Prevent Incineration of PFAS Substances

    		 Proposed A 10081

    Feminine Hygiene Products

    		 Proposed S 9379

    1) Cleaning Products;

    2) Air Care Products;

    3) Automotive Products;

    4) Cookware;

    5) Fabric Treatments;

    6) Rugs;

    7) Ski Wax;

    8) Textiles and Textile Articles;

    9) Outdoor Apparel;

    10) Architectural Paints;

    11) Personal Protective Equipment;

    12) Polishes or Floor Products;

    		 Proposed A 10620

    Prohibiting PFAS in All Products by 2030, and

    Prohibiting PFAS in the Following Products:

    1) Carpets and Rugs;

    2) Cookware;

    3) Cosmetics;

    4) Fabric Treatments; and

    5) Personal Care Products

    		 Proposed A 8491
    North Carolina

    Use and Manufacturing

    		 Proposed SB 638

    General Packaging

    		 Proposed HB 1113
    Oregon

    Children’s Products

    		 Enacted Toxic Free Kids Act: 431A.250 et al.

    Fish Consumption

    		 Advisory The Oregon Health Authority has issued guidelines recommending limitations for fish consumption depending on the specific location due to various contaminants, including PFOS substances
    Pennsylvania

    Food Packaging

    		 Proposed HB 1965
    Rhode Island

    Food Packaging

    		 Enacted S 2044

    Food Packaging and Warning Labels for Clothing or Carpeting

    		 Proposed S 2049

    1) Rugs and Carpets;

    2) Fabric Treatments;

    3) Upholstered Furniture;

    4) Textiles;

    5) Apparel;

    6) Cosmetics;

    7) Children’s Products; and

    8) Cookware

    		 Proposed H 7436
    Vermont

    Children’s Products

    		 Enacted 18 V.S.A. 1773

    Food Packaging

    		 Enacted 18 V.S.A. 1672

    R

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    Sienna Blake

    Sienna Blake is a licensed aesthetic consultant and beauty writer specializing in cosmetic surgery advancements and non-invasive treatments. With a background in dermatology and over eight years of industry experience, Sienna is passionate about helping people achieve confidence through informed beauty decisions. She holds a Bachelor's degree in Health Sciences and regularly collaborates with top plastic surgeons to stay at the forefront of aesthetic innovations. Outside of her work, Sienna enjoys traveling, skincare research, and practicing Pilates.

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