Washington States Passes New Bill Increasing Government’s Ability to Regulate PFAS in Consumer Products

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At the end of last month, Washington State Governor Jay Inslee signed a new bill into law titled “Priority Chemicals in Consumer Products – PFAS Chemicals.” This act amends the State’s current regulation of priority chemicals in consumer products so that Washington’s Department of Ecology can consider any PFAS-containing product identified in the department’s final PFAS chemical action plan from November 2021 to be a priority consumer product under the State’s Safer Products for Washington statute. The November 2021 action plan identified numerous potential products containing PFAS, including carpets and rugs, products treated for water and stain resistance, leather and textile furnishings, cosmetics, dental floss, cleaning agents, and ski waxes, among other products. But this amendment will set in motion the development of regulatory actions (that could include additional disclosures and reduction or elimination of PFAS in consumer products) for the identified products by the middle of 2024, with an eye towards implementing any state-level regulation concerning those products by the end of 2025.

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