PFAS Update: States Continue To Be Out Front On PFAS In Products Restrictions

Per- and polyfluoroalkyl substances (PFAS), often dubbed "forever chemicals," continue to be a major focus of environmental regulation across the United States. At least 10 states have enacted prohibitions on sales of certain products containing PFAS, such as in carpets and rugs and personal care products. Several states have enacted very broad prohibitions affecting a substantial number of consumer use product categories; New Mexico is the most recent to join the ranks of a handful of others, with California's legislature actively considering doing the same. Such statutes often include a reporting requirement obligating manufacturers of PFAS-containing products to submit a notification to the state detailing the PFAS content and other features of products manufactured for sale within the state. Notably, among these states, Maine and Minnesota continue to work actively to shape their regulatory frameworks for implementing statutory PFAS in product prohibitions.