PFAS Consumer Products Reglulations

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 is rapidly developing as states create new laws, and the penalties and litigation risk for non-compliance can be significant.  Below is an overview of enacted and proposed state laws and regulations as of August 10, 2021, especially for you to investigate whether your products may be impacted.

While this article focuses on state laws and regulations, we note that the House of Representatives recently passed the PFAS Action Act of 2021, which among other things, includes provisions regarding labeling requirements for certain consumer products (see section 10 of the Act for additional information.)  While the Senate still needs to approve this bill, it demonstrates that federal attention is now being directed to PFAS consumer products