In 2020, California banned 13 specific types of PFAS in cosmetics as part of its Toxic Free Cosmetics Act. A new bill was introduced last month that would expand that prohibition. The bill would provide that “[n]o person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS).” Most importantly, the bill uses one of the broadest possible definitions of PFAS: “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” This would potentially encompass thousands of chemicals, well beyond the 13 currently prohibited.

A similar bill in Washington just passed the state senate by a 26-21 vote, which is now under consideration by the state house of representatives. The Washington law would prohibit the manufacture, sale, or distribution of any cosmetic product that contains “[p]erfluoroalkyl and polyfluoroalkyl substances” as “intentionally added chemicals.” Washington already defines PFAS chemicals using the same broad “one fully fluorinated carbon atom” definition mentioned above.

The bill’s sponsor, state senator Mona Das said: “We have already banned this in our state for firefighters. Why are we not banning this for 50% of our population?"