Several US states have issued proposals to prohibit perfluoroalkyl or polyfluoroalkyl substances (PFAS) in consumer goods. Most of these bills relate to food contact materials and articles, but other products include residential upholstered furniture, firefighting foams and firefighting personal protective equipment (PPE).
Connecticut has issued two proposed bills:
- Proposed SB 111 – will prohibit PFAS in food packaging and food packaging containing expanded polystyrene when alternatives are available
- Proposed SB 404 – prohibits PFAS in consumer products
Iowa has also issued two bills:
- SF 19 – will prohibit PFAS in food packaging from January 1, 2023 (if accepted)
- HF 293 is proposed to come into effect from January 1, 2022, and it covers:
- Flame retardants in residential upholstered furniture (restrictions)
- PFAS in food packaging, Class B firefighting foam, and firefighting PPE (prohibited)
It should be noted that, if these bills are adopted, existing stocks acquired before the effective date will be exempt.
Minnesota also has two bills:
- SF 70/HF 79 – will prohibit PFAS in food packaging from January 1, 2022 (if adopted)
- SF 373 – covers PFAS, ortho-phthalates and bisphenols in food packaging. These will be prohibited unless their presence is incidental, with the bill coming into effect from January 1, 2023 (if adopted)
Finally, Rhode Island has introduced S.110, which will prohibit PFAS in food packaging from January 1, 2022 (if accepted).
PFAS are a diverse family of synthetic chemicals, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). They are used in the manufacture of products with anti-stain, water, grease, oil and/or dirt repelling properties, including:
- Food contact materials and articles
- Firefighting foams
- Stain-resistant carpets
- Upholstered furniture
- Waterproof apparel and equipment
If these proposals are accepted, these US states will join California (Prop 65), Maine, New York, San Francisco, Washington and other jurisdictions in regulating PFAS in consumer products.
Stakeholders should be aware these bills may undergo changes as they progress.
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