California Passes Bills Banning PFAS in Cosmetics and Textiles

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California's Governor Newsom signed into law two bills prohibiting PFAS in cosmetics (AB 2771) and in textiles (AB 1817), respectively. The bills define PFAS broadly as "a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom."

The cosmetics bill is specifically limited to intentionally-added PFAS: "Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS)."

The textile bill, however, contains more exceptions and complexity. Among those wrinkles, the bill prohibits not just intentionally added PFAS, but also prohibits PFAS if it is merely present "in a product or product component at or above the following thresholds, as measured in total organic fluorine: (A) Commencing January 1, 2025, 100 parts per million; (B) Commencing January 1, 2027, 50 parts per million."

Governor Newsom vetoed a third bill which would have required registration of products containing intentionally-added PFAS by 2026.

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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