Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluorinated chemicals (“PFAS”) in their products. This area of law is rapidly developing as states create new laws, and the penalties for non-compliance can be significant. Below is an overview of enacted and proposed state laws and regulations to assist companies in beginning an investigation into whether their products are, or will be impacted.

PFAS Background

PFAS is a family of chemicals comprised of over 5,000 compounds. PFAS have been reported in a variety of consumer products and industrial applications including the following: children’s products, textile and apparel items, carpet cleaners, non-stick products (e.g., Teflon), stain resistant coatings, polishes, paints, cleaning products, food packaging (including pizza boxes, microwave popcorn bags, and take-out food containers), firefighting foam, certain cosmetics, and ski wax. Some studies have also shown that certain PFAS chemicals accumulate in humans and animals, including deer meat and fish tissue.

State regulations of PFAS in consumer products have focused on the following product sectors:

  • Children’s products
  • Food packaging
  • Firefighting foam
  • Personal protective equipment for firefighters (“PPE”)
  • The consumption of fish tissue and deer meat
  • A range of other products including pet products, manufacturing products such as textiles and rugs, and cosmetics.

Many of the states take different approaches to regulating consumer products containing PFAS. For example, Washington forbids any PFAS chemicals from being added to fiber-based food packaging, whereas other states allow the use PFAS chemicals unless there is a viable alternative (e.g., Connecticut or New Jersey, both proposed). For the purposes of this Alert, we simply note whether or not a state has laws or regulations regarding a specific product category, but we do not compare the differences between the various regulations. However, BCLP would be happy to discuss the details of the different state regulations if you have specific questions.

--> Scroll to see full table data
State Product Categories Regulatory Status Reference
Alabama Fish Consumption Enacted The Alabama Dept. of Health restricts the number of fish people should consume from one reservoir and creek
Alaska Fish Consumption

Firefighting Foam discharge notification in certain regions

Proposed: Firefighting Foam




The Alaska Dept. of Health and Social Services prohibits all fish consumption from one lake

Proposed: Firefighting Foam SB 176

Arizona Firefighting Foam Enacted Ariz. Rev. Stat. 36-1696
California All consumer products may require warnings if they contain PFOA or PFOS (California Proposition 65)

Adopted: Cosmetics, PPE, and Firefighting Foam

Enacted Proposition 65: 27 CCR 27001

Cosmetics: AB 2762

Firefighting Foam and PPE: SB 1044

Colorado Firefighting Foam and PPE Enacted Firefighting Foam Restriction: CRS 24-33.5-1234

Firefighting Foam and PPE: CRS 25-5-1301 et seq.

Connecticut Firefighting Foam and Food Packaging Proposed Firefighting Foam: SB 297 and HB 5288

Food Packaging: HB 5291

Delaware Firefighting Foam Proposed SB 217
Georgia Firefighting Foam Enacted O.C.G.A. 25-2-41
Illinois Firefighting Foam and Children’s Products Proposed Firefighting Foam: SB 3154HB 5529, and HB 5003

Children’s Products: SB 3378

Indiana Firefighting Foam Enacted Ind. Code 36-8-10.7-1 et seq.
Iowa Firefighting Foam, PPE, and Food Packaging Proposed Food Packaging: S. 386 and H.F. 775

PPE and Firefighting Foam: H.F. 775 and H.F. 2241

Kentucky Firefighting Foam Enacted Ky. Rev. Stat. 227.395
Maine PFAS as a “Priority Chemical,” especially as a Children’s Chemical of Concern

Adopted: Food Packaging, and Fish Consumption

Proposed: Firefighting Foam




PFAS as a “Priority Chemical”: 38 M.S.R.A. 1693-A(1)06-096, Chapter 890 (PFOS designation)

Food Packaging: 32 M.S.R.A, 26A, 1731-1738

Fish: Remedial Action Guidelines for certain types of fish

Proposed: Firefighting Foam LD 2147

Maryland Firefighting Foam Enacted Md. Code, Envir. 6-1601 et seq.
Massachusetts Food Packaging, PPE, and Children’s Products Proposed Food Packaging: SD 678 and HD 3750

PPE: SD 1784 and HD 3661

Children’s Products: SD 1518

Michigan Firefighting Foam, Fish Consumption, and Deer Restrictions

Proposed: Food Packaging



Firefighting Foam: Mich. Comp. Laws 408-1014r324-14701 et seq., and 29-369c

Fish: The Michigan Dept. of the Env. advises that people should not eat certain types of fish or limit the fish consumption depending on the location

Deer: One “do not eat” restriction from a certain five-mile area

Proposed: Food Packaging SB 1072

Minnesota Adopted: Firefighting Foam and Fish Consumption

Proposed: Food Packaging



Firefighting Foam: Minn. Stat. 325F.072

Fish: The Minnesota Dept. of Health recommends not eating fish from one lake and consuming limited numbers of certain kinds of fish depending upon the location

Proposed: Food Packaging (5 separate bills) SF 2088SF 3225HF 3657HF 4554 and HF 20

New Hampshire Adopted: Firefighting Foam and PPE

Proposed: Removal of Food Containers from Schools, Firefighting Foam (registry), Bottled Water Testing, and Labeling Committee



Firefighting Foam: N.H. Rev. Statute 154:8-b

PPE: N.H. Rev. Statute 154:8-c

Proposed: Food Containers: HB 1425

Firefighting Foam (registry): HB 1569

Bottled Water: HB 1274

Labeling Committee: HB 1446

New Jersey Adopted: Fish Consumption

Proposed: Firefighting Foam, Food Packaging, and Children’s Products



Fish: The New Jersey Dept. of Environmental Protection has issued limits on fish consumption for high risk and general populations

Proposed: Firefighting Foam A747

Food Packaging: A3350

Children’s Products: A2104

New York Adopted: Children’s Products, PPE, and Firefighting Foam

Proposed: Food Packaging, Avoid PFAS in Future State Purchases, Children’s Products, Pet Products, Firefighting Foam (incineration), certain PFAS identified as “Emerging Contaminants”



Children’s Products: Laws of New York, Sec. 37-0101 et seq.

PPE: S439A (Sec. 4)

Firefighting Foam: 6 NYCRR 597

Proposed: Food Packaging S2000B and S8817

Future Purchases: S1108

Children’s Products (add to existing law): A9765

Pet Products: A7876

Firefighting Foam (incineration): A9952

Emerging Contaminant: A7839

North Carolina Firefighting Foam, PPE, and PFAS Use in any Product Proposed Firefighting Foam and PPE: HB560

PFAS Use in any Product: HB1109

Ohio Firefighting Foam Proposed Firefighting Foam: SB328
Oregon Children’s Products Enacted Toxic Free Kids Act: 431A.250 et. al.
Pennsylvania Firefighting Foam Proposed Firefighting Foam: SB919
Rhode Island Food Packaging and Personal Care Products Proposed Food Packaging: HB7307 and SB2068

Personal Care Products: HB7834

Vermont Adopted: Children’s Products

Proposed: Strict Liability for Companies that Release Toxic Chemicals, Food Packaging, Firefighting Foam and PPE, Prohibits Manufacture of Rugs and Carpets, and Labeling



Children’s Products: 18 V.S.A. 1773

Proposed: Strict Liability S37

Food Packaging: S101 and H777

Firefighting Foam and PPE: S295 and H721

Rugs and Carpets: H771

Labeling: H928

Virginia Adopted: Firefighting Foam

Proposed: Food Packaging



Firefighting Foam: VA Code Ann. 9.1-207.1

Proposed: Food Packaging HB1712

Washington Adopted: Children’s Products, Firefighting Foam, PPE, Food Packaging, and Pollution Prevention for Our Future Act

Proposed: Firefighting Foam (notification and penalty provisions)



Children’s Safe Products Act: WAC 173-334-010 et seq.

Firefighting Foam: RCW 70A.400.010 et seq.

PPE: RCW 70A.400.030

Food Packaging: RCW 70A.222.070

Pollution Prevention for Our Future Act: SB 5135

Proposed: Firefighting Foam HB 1143

Wisconsin Adopted: Firefighting Foam, Fish Consumption, and Deer Restrictions

Proposed: Firefighting Foam (storage), Food Packaging



Firefighting Foam: Wis. Statute 299.48

Fish: The Wisconsin Dept. of Natural Resources advises that people do not consume certain types of fish from one creek and lake

Deer: One “do not eat” deer liver restriction from a certain five-mile area

Proposed: Firefighting Foam AB792

Food Packaging: AB952

--> Scroll to see full table data

No Regulations: Arkansas, Florida, Hawaii, Idaho, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.


Several of the states that do not currently have any adopted or proposed laws or regulations are considering consumer product regulations. These measures are not in effect yet, but may be soon. Accordingly, this client alert reflects the status of state regulation of PFAS in consumer products only as of October 12, 2020.

[View source.]