Earlier this year, New Jersey Governor Phil Murphy signed the Protecting Against Forever Chemicals Act, sponsored by Senators Linda Greenstein and Bob Smith. The Act seeks to address intentionally added perfluoroalkyl or polyfluoroalkyl chemicals (PFAS) in consumer products; it also funds mandated PFAS-related research.
Beginning two years after the Act’s effective, January 12, 2026, the Act prohibits the sale and distribution of certain consumer products containing intentionally added PFAS, including cosmetics, carpet and fabric treatments, and food packaging. Notably, technically unavoidable trace quantities of PFAS in these products will not constitute a violation of the Act.
The Act also includes a labelling requirement requiring greater transparency in the labeling of cookware products containing PFAS. Starting in January 2028, a manufacturer of cookware sold in New Jersey that contains intentionally added PFAS must include a visible label with the statement “This product contains PFAS” in both English and Spanish. Cookware with intentionally added PFAS may not be sold in New Jersey without this label.
If the New Jersey Commissioner of Environmental Protection finds an individual or manufacturer has violated the Act, they may be subject to civil litigation and/or financial penalties up to $20,000 for each violation.
In addition, the Act also appropriates $5 million to the Department of Environmental Protection to implement a source reduction program, within one year after January 12, 2026, to reduce the presence of PFAS in the state’s air, water, and soil by encouraging the proper management of PFAS-containing materials.
As New Jersey continues to take an assertive stance on PFAS regulation, businesses that manufacture, distribute, or sell affected products should begin preparing now for the Act’s upcoming restrictions and labeling requirements. As the regulatory landscape surrounding PFAS evolves, staying informed and seeking guidance early will be essential to managing potential liabilities.
