California

In October 2022, California Governor Gavin Newsom signed into law Assembly Bills 1817 and 2771, which prohibit the manufacture, distribution, and sale of certain “textile articles” containing PFAS and cosmetic products containing intentionally added PFAS, respectively. Both bills take effect on January 1, 2025.

AB 1817 prohibits any person from manufacturing, distributing, selling, or offering for sale in California a new textile article that contains regulated PFAS. AB 1817 defines regulated PFAS to mean PFAS that a manufacturer has intentionally added for a functional or technical effect or PFAS that exceed 100 parts per million commencing on January 1, 2025, and 50 ppm beginning on January 1, 2027. AB 1817 applies to a wide variety of products, including clothing intended for regular wear or formal occasions, outdoor apparel, accessories, handbags, backpacks, draperies, curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths. AB 1817 would require manufacturers to provide distributors and sellers with a certificate of compliance that the textile article is free from regulated PFAS.

AB 2771 prohibits any person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added PFAS. AB 2771 defines “intentionally added” to mean either (1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product or (2) PFAS that are “intentional breakdown products” of an added chemical. AB 2771 defines “cosmetic product” to mean an article for retail sale or professional use intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance.

Colorado

In June 2022, Colorado Governor Jared Polis signed the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, which creates new product disclosure requirements and product prohibitions.

By January 1, 2024, any manufacturer of cookware containing “intentionally added PFAS chemicals” in the handle of the product or in any product surface that comes into contact with food or beverages must list the presence of such PFAS on the product label.

The law also prohibits the sale and distribution of certain classes of consumer products if they contain intentionally added PFAS according to the following deadlines.

• Prohibited after January 1, 2024: Carpets or rugs, fabric treatments, food packaging, juvenile products, and oil and gas products
• Prohibited after January 1, 2025: Cosmetics, indoor textile furnishings, and indoor upholstered furniture
• Prohibited after January 1, 2027: Outdoor textile furnishings and outdoor upholstered furniture

Given these legislative measures, manufacturing businesses should track the regulation of PFAS in textiles both in local jurisdictions and along their products’ supply chains. Retail businesses should monitor for new PFAS regulation to understand impacts on product availability and cost.