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PFAS Update: State-by-State Consumer Products Regulations, July 2023

PFAS Update: State-by-State Consumer Products Regulations, July 2023

Jul 18, 2023
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This blog was originally published in July 2023. Visit our most up-to-date blog on state-by-state regulations for PFAS in consumer products >


Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding 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 risk for non-compliance can be significant.

PFAS Background

PFAS is a family of chemicals comprised of somewhere between 5,000-12,000 compounds depending on the regulatory definition.  According to the Agency for Toxic Substances and Disease Registry (“ATSDR”), PFAS have been reported in certain 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.”

Some sources, including EPA, also report that certain PFAS chemicals accumulate both in the human body and animals after ingestion through water and food.  Accordingly, some states have enacted health advisories limiting the consumption of animal meat and fish tissue.

Specific Consumer Product Regulations

The map below is an overview of enacted and proposed state laws and regulations as of July 12, 2023, to assist you in investigating whether your products may be impacted.

USA map highlighting enacted and proposed PFAS consumer product regulations

The following drop down boxes identify the 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

Fish consumption

Regulatory Status

Advisory

Reference and Details

Alabama Department of Public Health (“ADPH”) has issued limitations for fish consumption from one reservoir and two creeks

ADPH information

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Alaska Department of Fish & Game has issued a limitation for fish consumption in one lake

“Catch and Release” Order for Kimberly Lake

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

27 CCR 27001

California’s Office of Environmental Health Hazard Assessment information


Product Categories

Cosmetics

Regulatory Status

Enacted

Reference and Details

AB 2762


Product Categories

Cosmetics (additional)

Regulatory Status

Enacted

Reference and Details

AB 2771


Product Categories

Cosmetics (additional)

Regulatory Status

Proposed

Reference and Details

AB 496


Product Categories

Rugs and carpets

Regulatory Status

Enacted

Reference and Details

Regulation

DTSC Related Information


Product Categories

Cookware and food packaging

Regulatory Status

Enacted

Reference and Details

AB 1200


Product Categories

Children’s products

Regulatory Status

Enacted

Reference and Details

AB 652


Product Categories

Recycling

Regulatory Status

Enacted

Reference and Details

SB 343


Product Categories

Composting

Regulatory Status

Enacted

Reference and Details

AB 1201


Product Categories

Textiles and apparel

Regulatory Status

Enacted

Reference and Details

AB 1817


Product Categories

Treatments – converted textiles or leather

Regulatory Status

Enacted

Reference and Details

Regulation

DTSC Related Information


Product Categories

Enforcement and penalties for juvenile products and food packaging

Regulatory Status

Proposed

Reference and Details

AB 347


Product Categories

Menstrual products

Regulatory Status

Proposed

Reference and Details

AB 246


Product Categories

Artificial turf

Regulatory Status

Proposed

Reference and Details

AB 1423

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

HB22-1345

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

Public Act No. 21-191


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Connecticut Department of Public Health has issued limitations for fish consumption in numerous locations.

Product Categories

Feminine products

Regulatory Status

Proposed

Reference and Details

HB 257


Product Categories

Cosmetics

Regulatory Status

Proposed

Reference and Details

HB 390

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

HB 1644


Product Categories

  • Food packaging
  • Food service ware
  • Cosmetics
  • Personal care products

Regulatory Status

Proposed

Reference and Details

SB 504

 

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

SB 0088


Product Categories

Recycling

Regulatory Status

Proposed

Reference and Details

SB 0066


Product Categories

Cosmetics

Regulatory Status

Proposed

Reference and Details

HB 1282

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

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

Product Categories

Food packaging

Regulatory Status

Proposed

Reference and Details

HF 62

Product Categories

PFOS as a “Priority Chemical” in children’s products

Regulatory Status

Enacted

Reference and Details

38 M.S.R.A. §1693-A(1)

06-096 Chapter 890


Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

32 M.S.R.A. §26A.1731-1738


Product Categories

Pesticides

Regulatory Status

Enacted

Reference and Details

LD 264

LD 2019


Product Categories

Carpets, rugs, and fabric treatments

Regulatory Status

Enacted

Reference and Details

38 M.S.R.A. 16 §1614


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

38 M.S.R.A. 16 §1614

Maine Department of Environmental Protection information

Proposed Rule

LD 217


Product Categories

Fertilizer and composting

Regulatory Status

Enacted

Reference and Details

LD 1911


Product Categories

Deer and Wild Turkey restrictions

Regulatory Status

Advisory

Reference and Details

A “do not eat” restriction has been issued for one area (Fairfield).


Product Categories

Written notification for PFAS in consumer products

Regulatory Status

Proposed

Reference and Details

LD 1537

Product Categories

Cosmetics

Regulatory Status

Enacted

Reference and Details

HB 643


Product Categories

  • Food packaging
  • Rugs and carpets

Regulatory Status

Enacted

Reference and Details

SB 273


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Maryland Department of the Environment has issued limitations for fish consumption in the Piscataway Creek.


Product Categories

Pesticides

Regulatory Status

Enacted

Reference and Details

SB 0158


Product Categories

Recycling

Regulatory Status

Proposed

Reference and Details

HB 31

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Massachusetts Department of the Environment has issued limitations for fish consumption in thirteen state parks

Mass.gov information

Press release


Product Categories

Food packaging

Regulatory Status

Proposed

Reference and Details

S 1431, H 3676 and H 767


Product Categories

Mosquito management

Regulatory Status

Proposed

Reference and Details

S 445


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

H 2197


Product Categories

Fertilizer

Regulatory Status

Proposed

Reference and Details

S 39


Product Categories

Children’s products

Regulatory Status

Proposed

Reference and Details

S 175


Product Categories

Artificial turf

Regulatory Status

Proposed

Reference and Details

S 524


Product Categories

Packaging (general) and recycling

Regulatory Status

Proposed

Reference and Details

H 779

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Michigan Department of Health and Human Services (“MDHHS”) has issued limitations for fish consumption depending on the specific location.

Great Lakes Consortium for Fish Consumption Advisories - PFOS


Product Categories

Deer restrictions

Regulatory Status

Advisory

Reference and Details

A “do not eat” restriction has been issued for a certain three-mile area in Iosco County

MDHHS information


Product Categories

Aquatic life restrictions

Regulatory Status

Advisory

Reference and Details

MDHHS has issued limitations involving aquatic and semi-aquatic life in a portion of Losco County


Product Categories

Food packaging

Regulatory Status

Proposed

Reference and Details

SB 327

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

Minn. Stat. § 325F.075


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

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


Product Categories

Prohibit PFAS substances in certain cannabis packaging

Regulatory Status

Enacted

Reference and Details

HF 600


Product Categories

Prohibit PFAS substances in certain cannabis packaging

Regulatory Status

Proposed

Reference and Details

SF 73


Product Categories

Ski wax

Regulatory Status

Proposed

Reference and Details

SF 669


Product Categories

Children’s products

Regulatory Status

Proposed

Reference and Details

HF 552


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

HF 2310


Product Categories

Recycling

Regulatory Status

Proposed

Reference and Details

HF 2571


Product Categories

Pesticides

Regulatory Status

Proposed

Reference and Details

HF 1150


Product Categories

Written notification for PFAS in consumer products

Regulatory Status

Proposed

Reference and Details

HF 372

Product Categories

  • Carpets or rugs
  • Fabric treatments
  • Food packaging
  • Children’s products
  • Cosmetics
  • Indoor textile furnishings
  • Indoor upholstered furniture
  • Cookware – certain labelling requirements

Regulatory Status

Proposed

Reference and Details

SB 76

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

New Hampshire Department of Environmental Services (“NHDES”) has issued limitations for fish consumption from five lakes

NHDES press release


Product Categories

Food packaging

Regulatory Status

Proposed

Reference and Details

HB 242


Product Categories

Rugs, carpets, and stain-resistant treatments

Regulatory Status

Proposed

Reference and Details

HB 465

 

Product Categories

  • Cosmetics
  • Carpets or fabric treatments;
  • Food packaging
  • Cookware

Labelling requirements

Regulatory Status

Proposed

Reference and Details

S 3177


Product Categories

Recycling

Regulatory Status

Proposed

Reference and Details

A 1554

Product Categories

Children’s products

Regulatory Status

Enacted

Reference and Details

S 501B


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

A 9272 and S 834


Product Categories

Apparel

Regulatory Status

Enacted

Reference and Details

S 1322


Product Categories

Anti-fogging sprays and wipes

Regulatory Status

Proposed

Reference and Details

S 992A


Product Categories

Packaging and recycling

Regulatory Status

Proposed

Reference and Details

S 4246A


Product Categories

Cosmetics/personal care products

Regulatory Status

Proposed

Reference and Details

S 4171 and S 4265


Product Categories

Pet products

Regulatory Status

Proposed

Reference and Details

A 00773


Product Categories

Feminine hygiene products

Regulatory Status

Proposed

Reference and Details

A 05990


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

A 03571


Product Categories

  • Textile articles
  • Rugs
  • Cookware
  • Fabric treatments
  • Ski wax
  • Architectural paints
  • Children’s products
  • Cleaning products

Regulatory Status

Proposed

Reference and Details

S 5648A

Product Categories

Use and manufacturing

Regulatory Status

Proposed

Reference and Details

HB 660


Product Categories

General packaging

Regulatory Status

Proposed

Reference and Details

HB 279


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

North Carolina Department of Health and Human Services has issued recommendations limiting fish consumption from one river.

Product Categories

Labelling for biosolids

Regulatory Status

Proposed

Reference and Details

SB 874

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

SB 543


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Oregon Health Authority has issued guidelines recommending limitations for fish consumption depending on the specific location.


Product Categories

Cosmetics

Regulatory Status

Proposed

Reference and Details

SB 546

Product Categories

Food packaging

Regulatory Status

Proposed

Reference and Details

HB 1122

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

S 2044


Product Categories

Composting

Regulatory Status

Proposed

Reference and Details

HB 5086


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

SB 16


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

SB 196

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

SB 0573

Product Categories

Children’s products

Regulatory Status

Enacted

Reference and Details

18 V.S.A. §1773


Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

18 V.S.A. §1672


Product Categories

Rugs, carpets, and aftermarket stain and water resistant treatments

Regulatory Status

Enacted

Reference and Details

18 V.S.A. §1682


Product Categories

Ski Wax

Regulatory Status

Enacted

Reference and Details

18 V.S.A. §1692


Product Categories

Labeling and composting

Regulatory Status

Enacted

Reference and Details

H 50


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

H 152


Product Categories

  • Cosmetics
  • Menstrual products
  • Textiles
  • Artificial turf
  • Outdoor apparel

Regulatory Status

Proposed

Reference and Details

S 25

Product Categories

Children’s products

Regulatory Status

Proposed

Reference and Details

HB 1855

Product Categories

Food packaging

Regulatory Status

Enacted

Reference and Details

RCW 70A.222.070


Product Categories

Children’s products

Regulatory Status

Enacted

Reference and Details

WAC 173-334-010 et seq.


Product Categories

Pollution Prevention for Our Future Act, identifying various “Priority” consumer products that use PFAS substances.

Regulatory Status

Enacted

Reference and Details

SB 5135

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

HB 1694

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

WAC 173-337

Washington Department of Ecology information


Product Categories

Cosmetics

Regulatory Status

Enacted

Reference and Details

HB 1047


Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

Washington Department of Health has issued limitations for fish consumption in three lakes

Product Categories

Fish consumption

Regulatory Status

Advisory

Reference and Details

The Wisconsin Department of Natural Resources (“WDNR”) has issued limitations for fish consumption from numerous creeks and lakes

WDNR Information


Product Categories

Deer consumption

Regulatory Status

Advisory

Reference and Details

WDNR and Wisconsin Department of Health Services issued a “do not eat” deer liver restriction for a certain five-mile area

WDNR Information

No PFAS consumer product regulations (as of the date of publication):  Arizona, Arkansas, Delaware, Florida, Idaho, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.

Conclusion

While several states do not currently have any adopted laws or regulations with respect to PFAS in consumer products, many are considering ways to address these chemicals.  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 determine 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 an enacted or proposed regulations, or if you would like help with evaluating whether PFAS may be present in your products, please contact Tom Lee, John Kindschuh, Emma Cormier, or any other member of our PFAS team at Bryan Cave Leighton Paisner LLP.

Related Practice Areas

  • PFAS Team

  • Environment

This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.