California Governor Newsom Signs Bill Prohibiting PFAS in Food Packaging and Requiring Disclosure of PFAS in Cookware

King & Spalding

On October 5, 2021, California Governor Newsom signed into law AB 1200, which prohibits sale, offer for sale, and distribution of any food packaging containing regulated PFAS after January 1, 2023. The new law also requires manufacturers replacing PFAS to achieve compliance to use the “least toxic alternative.” For cookware (defined broadly under the new law), AB 1200 further sets January 1, 2023 for websites and January 1, 2024 for labels as the deadlines beyond which companies cannot claim that cookware is free of any particular PFAS unless the cookware contains no intentionally added PFAS in the same chemical group. As of January 1, 2024, labels on cookware also must list the presence of any PFAS and provide a link or QR code to a webpage containing links to relevant authoritative list.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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