Although there is no federal ban on per- and polyfluoroalkyl substances (PFAS) in ‎textiles, there continues to be activity at the state level to limit PFAS in textiles, with many ‎prohibitions becoming active over the next few years. California and Colorado were among the ‎first states to enact legislation restricting the use of “intentionally added” or “regulated” PFAS in ‎textiles. ‎

California

In October 2022, California Governor Gavin Newsom signed into law Assembly Bills ‎‎1817 and 2771, which prohibit the manufacture, distribution, and sale of certain “textile articles” ‎containing PFAS and cosmetic products containing intentionally added PFAS, respectively. ‎Both bills take effect on January 1, 2025.‎

AB 1817 prohibits any person from manufacturing, distributing, selling, or offering for ‎sale in California a new textile article that contains regulated PFAS. AB 1817 defines regulated ‎PFAS to mean PFAS that a manufacturer has intentionally added for a functional or technical ‎effect or PFAS that exceed 100 parts per million commencing on January 1, 2025, and 50 ppm ‎beginning on January 1, 2027. AB 1817 applies to a wide variety of products, including clothing ‎intended for regular wear or formal occasions, outdoor apparel, accessories, handbags, ‎backpacks, draperies, curtains, furnishings, upholstery, beddings, towels, napkins, and ‎tablecloths. AB 1817 would require manufacturers to provide distributors and sellers with a ‎certificate of compliance that the textile article is free from regulated PFAS.‎

AB 2771 prohibits any person or entity from manufacturing, selling, delivering, holding, ‎or offering for sale in commerce any cosmetic product that contains intentionally added PFAS. ‎AB 2771 defines “intentionally added” to mean either (1) PFAS that a manufacturer has ‎intentionally added to a product and that have a functional or technical effect on the product or ‎‎(2) PFAS that are “intentional breakdown products” of an added chemical. AB 2771 defines ‎‎“cosmetic product” to mean an article for retail sale or professional use intended to be rubbed, ‎poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body for ‎cleansing, beautifying, promoting attractiveness, or altering appearance. ‎

Colorado

In June 2022, Colorado Governor Jared Polis signed the Perfluoroalkyl and ‎Polyfluoroalkyl Chemicals Consumer Protection Act, which creates new product disclosure ‎requirements and product prohibitions.‎

By January 1, 2024, any manufacturer of cookware containing “intentionally added ‎PFAS chemicals” in the handle of the product or in any product surface that comes into contact ‎with food or beverages must list the presence of such PFAS on the product label.‎

The law also prohibits the sale and distribution of certain classes of consumer products if ‎they contain intentionally added PFAS according to the following deadlines.‎

• Prohibited after January 1, 2024: Carpets or rugs, fabric treatments, food packaging, ‎juvenile products, and oil and gas products ‎
• Prohibited after January 1, 2025: Cosmetics, indoor textile furnishings, and indoor ‎upholstered furniture ‎
• Prohibited after January 1, 2027: Outdoor textile furnishings and outdoor upholstered ‎furniture ‎

Given these legislative measures, manufacturing businesses should track the regulation of PFAS ‎in textiles both in local jurisdictions and along their products’ supply chains. Retail businesses ‎should monitor for new PFAS regulation to understand impacts on product availability and cost. ‎

This article summarizes aspects of the law and does not constitute legal advice. For legal advice ‎for your situation, you should contact an attorney.‎