More U.S. States Ban PFAS-Containing Products (2024)

By Raissa Havens, regulatory specialist, Supply Chain team, UL Solutions, with contributions from Eleanor Grimes, Chelsea Lane and Patricia Manteghi

After Maine became the first U.S. state to ban the sale of products containing intentionally added per- and polyfluoroalkyl substances (PFAS), more and more states have implemented bans in different categories of products with various enforcement dates.

The table below provides an overview of the states and the major categories of products that are restricted or prohibited when intentionally added PFAS are present. References have been provided as there are different effective dates on the bans as well as restrictions and/or certain prohibitions. Other provisions, which are not covered in this article, include obligations by the manufacturer, such as a notification requirement when selling firefighting personal protective equipment (PPE).

Category	Class B Firefighting foam – discharge or use for training or testing purposes		Class B Firefighting foam – manufacture, offer for sale, distribution, use		Food Packaging – distribution, sale or offer for sale
U.S. State	Effective date	Reference	Effective date	Reference	Effective date	Reference
Arizona	Jan. 1,2020	Arizona Revised Statutes Title 36.1696
Arkansas	Jan. 1, 2022	HB 1351
California					Jan 1, 2023	Assembly Bill No. 1200
Colorado	Aug. 2, 2019	HB19-1279	Aug. 2, 2021	HB19-1279	Jan. 1, 2024	House Bill 22-1345
Connecticut	July 13, 2021	Public Act No. 21-191			Dec. 31, 2023	Public Act No. 21-191
Georgia	Jan. 1, 2020	GA. Code § 25-2-41
Hawaii	July 1, 2023	House Bill 1644	July 1, 2023	House Bill 1644	July 1, 2023	House Bill 1644
Illinois	Jan. 1, 2022	Public Act 102-0290	Jan. 1, 2025	Public Act 102-0290
Indiana	June 30, 2020	House Enrolled Act 1189
Kentucky	July 15, 2020	Senate Bill 104
Louisiana	Jan. 1, 2022	House Bill 389
Maryland	Oct. 1, 2021	Senate Bill 420	Jan. 1, 2024	Senate Bill 273	Jan. 1, 2024	Senate Bill 273
Michigan	July, 2020	House Bill 4390
Minnesota	July, 2020	Law 325F.072			Jan. 1, 2024	S.F. No. 20
Nevada	Jan 1, 2022	Assembly Bill No. 97
New Hampshire	Jan. 1, 2020	RSA 154:8-b	Jan. 1, 2020	Senate Bill 257
New York	Dec. 23, 2021	Senate Bill S439A	Dec. 23, 2021	Senate Bill S439A	Dec. 31, 2022	Senate Bill S8817
Rhode Island					Jan. 1, 2024	S.2044/H.7438
Vermont	Oct. 1, 2023	Act No. 36 (S.20)	Oct. 1, 2023	Act No. 36 (S.20)	July 1, 2023	Act No. 36 (S.20)
Virginia	July 1, 2021	VA Code Ann. 9.1-207.1
Washington	July 1, 2018	Senate Bill 6413	July 1, 2020	Senate Bill 6413	Jan. 1,2022*	Law 70A.222.070
Wisconsin	Sept. 1, 2020	Wis. Stat. § 299.48

*Effective date applies if the report required under Law 70A.222.070 finds that safer alternatives are available for specific food packaging applications

The definition of food packaging might differ per state, and prohibitions may exist for additional product categories. A few examples are provided below.

California

The definition of food packaging provided under the California regulation includes food or beverage containers, takeout food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes and disposable plates, bowls or trays. There is also a restriction in the case of the level of PFAS in the food packaging, which may not be at or above 100 ppm, as measured in total organic fluorine. This regulation enters into force on Jan. 1, 2023.

PFAS regulations can also be found for rugs and carpets (Law Z-2020-0218-04), effective July 1, 2021, textile articles (Law 2021-0915-01), which takes effect on July 1, 2024, and Cosmetics (AB 2762 and AB 495), which takes effect Jan. 1, 2025.

Colorado

On June 3, 2022, House Bill 22-1345 was signed into law prohibiting the sale and distribution of consumer products containing PFAS chemicals, such as carpets or rugs, fabric treatments and oil and gas products, effective from Jan. 1, 2024. The ban also applies to cosmetics, indoor textile furnishings and indoor upholstered furniture, effective from Jan. 1, 2025.

Hawaii

PFAS chemicals in children’s products

Some PFAS chemicals, particularly perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid and its salts (PFOS), have also been added to lists of toxic chemicals in children’s products. These regulations have set requirements for manufacturers and distributors, such as reporting those chemicals present in children’s products and other information to the State Department. On the table below are the states and their regulatory references regarding this category of products.

U.S. State	PFAS Chemicals in Children’s Products
	Effective Date	Reference
California	July 1, 2023	Assembly Bill 652
Colorado	Jan. 1, 2024	House Bill 22-1345
Maine	July 28, 2020	06-096 Chapter 890
New York	March 1, 2020	Senate Bill S501B
Oregon	March 1, 2021	ORS 431A.253-258
Vermont	July 1, 2022	Act 36 (S.20)
Washington	Oct. 30, 2017	Chapter 173-334-130

The ChemADVISOR^® Regulatory Database will continue to be updated as new information becomes available. Expect to see some of these regulations with the October 2022 release.

Recommended action items

Review your company’s products that are being sold in these states to confirm if they contain intentionally added PFAS.
Seek substitute ingredient(s) if your product(s) contain PFAS substances that are prohibited or restricted and ensure compliance with requirements set by each regulation.

References

Arizona
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/36/01696.htm

FAQs

More U.S. States Ban PFAS-Containing Products? ›

Thirteen states including CA, CO, CT, HI, IL, ME, MD, MN, NH, NJ, NY, VT, and WA have banned the sale of firefighting foam

firefighting foam

Firefighting foam is a foam used for fire suppression. Its role is to cool the fire and to coat the fuel, preventing its contact with oxygen, thus achieving suppression of the combustion. Firefighting foam was invented by the Russian engineer and chemist Aleksandr Loran in 1902.

https://en.wikipedia.org › wiki › Firefighting_foam

Firefighting foam - Wikipedia

containing PFAS. 32 unique retail chains have committed to eliminating or reducing PFAS in food packaging, textiles and/or other products.

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What state has the most PFAS contamination? ›

Even though PFAS are lurking in the drinking water of most states, some have incredibly high levels of these harmful chemicals in their water supplies. The state with the highest PFAS concentrations in drinking water is, by far, Michigan.

Learn More Now ›

What two states have banned chemicals? ›

The new chemicals law follows California's 2020 first-in-the-nation law banning 24 toxic ingredients, including mercury and formaldehyde, in personal care products. That ban is set to take effect Jan. 1, 2025. Last year, Maryland followed California's lead and banned those same ingredients.

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What was the first state to ban PFAS? ›

With Governor Newsom's signature yesterday on AB 1817, the Safer Clothes and Textiles Act, California became the first state to phase out the use of toxic “forever” PFAS chemicals in clothes and textiles.

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What states require food packaging to be PFAS free? ›

Eight US states (CA, CO, CT, MD, MN, NY, OR, and VT) have already implemented bans of all PFAS in food contact materials, while four states (HI, ME, RI, and WA) have enacted phase-outs of PFAS in food packaging. Minnesota has also banned the use of PFAS in cannabis and hemp-derived product packaging.

What food has the most PFAS in it? ›

The paper identified a range of foods to be among the drivers of high PFAS levels, including teas, pork, candy, sports drinks, processed meat, butter, chips and bottled water. The research also pointed to higher PFAS blood levels among those who consumed more carryout or food prepared at restaurants.

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What state has the lowest PFAS in drinking water? ›

For example, for PFAS substances in drinking water, the smallest concentration is 5.1 ppt (California; PFOA only) and one of the largest values is 140,000 ppt (Michigan; PFHxA only). The chart below illustrates the discrepancies between the regulatory levels for PFOA and/or PFOS.

What states are banning forever chemicals? ›

State lawmakers in California, Vermont and Colorado are working to ban the sale of period products containing highly toxic “forever chemicals”, or PFAS, nearly a year after a report revealed the chemicals were found in everything from tampon applicators to period underwear.

Get More Info Here ›

Is PFAS banned in California? ›

Cosmetics. Assembly Bill 2771 bans the manufacture, delivery or sale of any cosmetic product containing “intentionally added” PFAS starting January 1, 2025. Bill Text - AB-2771 Cosmetic products: safety. (ca.gov).

Read On ›

Which US state produces the most chemicals? ›

Each component supports a specific and integral part of America's chemical needs. Texas is the top exporter of chemicals in the U.S. accounting for 30% of all chemical exports. Nearly all goods in use every day in the United States are manufactured using Chemical Sector products.

Keep Reading ›

How many states have banned PFAS? ›

Thirteen states including CA, CO, CT, HI, IL, ME, MD, MN, NH, NJ, NY, VT, and WA have banned the sale of firefighting foam containing PFAS.

Keep Reading ›

Do we all have PFAS in us? ›

Most people in the United States have been exposed to PFAS and have PFAS in their blood.

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What can be used instead of PFAS? ›

Glass filled.
Glass filled polyamides.
Carbon fiber reinforced.
Ceramic filled.
Aramid filled.

View Details ›

Do Ziploc bags have PFAS? ›

Ziploc bags do not contain PFAS, but with the other contaminations in the environment, anyone could fall victim to a PFAS-related illness. This can result in expensive medical bills that you had no part in causing.

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Do paper grocery bags have PFAS? ›

PFAS in packaging can leach into food and drink, where they can be ingested. Studies shows that over 90% of the population have detectable levels of these chemicals in our blood. Up to half of all paper wrappers and 20% of all paperboard/cardboard containers may contain PFAS.

Do plastic grocery bags contain PFAS? ›

81% of total plastic sandwich bags tested had indications of PFAS “forever chemicals.” 9 detections from 11 plastic sandwich bags had organic fluorine above 10 parts per million (ppm) according to our lab, Ranges of organic fluorine, a marker of PFAS, were from 9 ppm to 34 ppm.

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What states have the least PFAS? ›

Thirteen states including CA, CO, CT, HI, IL, ME, MD, MN, NH, NJ, NY, VT, and WA have banned the sale of firefighting foam containing PFAS. 32 unique retail chains have committed to eliminating or reducing PFAS in food packaging, textiles and/or other products.

View Details ›

What cities have the highest levels of PFAS? ›

Monroe, New Jersey had the highest concentration of PFAS of the samples tested, with 82 parts per trillion (ppt). PFAS were also detected in major metropolitan areas such as Los Angeles, Austin, and Denver, exposing millions of people to potentially unsafe drinking water.

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Where is PFAS mostly found? ›

PFAS Can Be Found in Many Places

PFAS can be present in our water, soil, air, and food as well as in materials found in our homes or workplaces, including: Drinking water – in public drinking water systems and private drinking water wells.

Read The Full Story ›

Where are PFAS most prevalent? ›

Australia, China, the United States and parts of Europe were shown to be global hotspots of high concentrations of PFAS. A separate study published in the summer of 2023 found that almost half of the tap water flowing into U.S. homes was estimated to have one or more PFAS, of which there are more than 12,000.

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