On January 1, 2026, the State of Vermont’s statutory prohibition on PFAS in consumer products became effective.[1] Vermont is among the growing number of states that are regulating the manufacturing, distribution, and use of consumer products that contain intentionally added PFAS.
The statute prohibits manufactures from manufacturing, selling, offering for sale, distributing for sale or use in the State of Vermont any of the following consumer products to which PFAS have been intentionally added in any amount:
(1) aftermarket stain and water-resistant treatments;
(2) artificial turf;
(3) incontinency protection products;
(4) juvenile products;
(5) residential rugs and carpets;
(6) ski wax; and
(7) textiles[2] or textile articles[3]
9 V.S.A. § 2494f. The statute exempts products that have been previously used by a consumer for the intended purpose of the product. Additional prohibitions on other products that contain intentionally added PFAS will go into effect at a later date (e.g., cleaning products and dental floss– July 1, 2027; Cookware – July 1, 2028).
The term “manufacturer” is defined to mean: any person engaged in the business of making or assembling a consumer product directly or indirectly available to consumers. “Manufacturer” excludes a distributor or retailer, except when a consumer product is made or assembled outside the United States, in which case a “manufacturer” includes the importer or first domestic distributor of the consumer product. 9 V.S.A. § 2494e(12).
The statute also allows the Vermont Attorney General’s Office to request certificates of compliance from manufacturers of consumer products regulated under these provisions. Upon receipt of such request, manufacturers are required to respond within 60 days by either providing a certificate attesting that the manufacturer’s product (or products) comply with the State’s statutory requirements, or by notifying persons who are selling the manufacturer’s product that the sale is prohibited because the product does not comply with State’s statutory requirements. 9 V.S.A. § 2494h.
[1] The statutes codified Act 131 (S25) and Act 54 (H238).
[2] “Textile” is defined to mean: any item made in whole or part from a natural, manmade, or synthetic fiber, yarn, or fabric, and includes leather, cotton, silk, jute, hemp, wool, viscose, nylon, or polyester. “Textile” does not include single-use paper hygiene products, including toilet paper, paper towels, tissues, or single-use absorbent hygiene products. 9 V.S.A. § 2494e(21).
[3] “Textile articles” is defined to mean: textile goods of a type customarily and ordinarily used in households and businesses, and includes apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, bedding, towels, napkins, and table cloths. “Textile articles” does not include:
(A) a vehicle, as defined in 1 U.S.C. § 4, or its component parts;
(B) a vessel, as defined in 1 U.S.C. § 3, or its component parts;
(C) an aircraft, as defined in 49 U.S.C. § 40102(a)(6), or its component parts;
(D) filtration media and filter products used in industrial applications, including chemical or pharmaceutical manufacturing and environmental control technologies;
(E) textile articles used for laboratory analysis and testing; and
(F) rugs or carpets.
9 V.S.A. § 2494e(22).
