New York Expands PFAS Apparel Ban | JD Supra (2024)

The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by Governor Kathy Hochul in the final hours of 2022.

In agreeing to the ban, Governor Hochul called upon the legislature to amend the law to provide clarity on several specifics, including the scope of products covered, timing and enforcement mechanisms.

Accordingly, the amended legislation expands the scope of the ban to capture the use of intentionally added PFAS in a broader range of apparel, including clothing items intended for “regular wear or formal occasions including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris, scarves, tops, leggings, leisurewear, formal wear,” outdoor apparel and children’s clothes, including onesies, bibs and diapers. Previously, outdoor apparel and outerwear had been exempt.

Notably, the bill does not include professional uniforms worn to protect the wearer from health or environmental hazards. However, PFAS would be banned in high-performance outerwear for severe wet conditions starting in 2028.

The new bill also adds penalties and creates timelines for banning the use of PFAS in most clothing. In terms of penalties, the bill requires the state Department of Environmental Conservation to set a threshold for PFAS, including unintentionally added chemicals, which would take effect by 2027. Initial violations would be subject to a civil penalty of up to $1,000 a day, and continued violations would be subject to a penalty of up to $2,500 per day.

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New York Expands PFAS Apparel Ban | JD Supra (2024)

FAQs

New York Expands PFAS Apparel Ban | JD Supra? ›

The new bill also adds penalties and creates timelines for banning the use of PFAS in most clothing. In terms of penalties, the bill requires the state Department of Environmental Conservation to set a threshold for PFAS, including unintentionally added chemicals, which would take effect by 2027.

What clothes have PFAS in them? ›

PFAS are especially prevalent in activewear because of the tendency for companies to use stain-resistant and water-repellant (marketed as “moisture-wicking”) coatings. Synthetic fabrics like nylon and spandex, which are derived from petrochemicals, are used for optimum stretch and breathability.

What is the PFAS limit in NY? ›

About PFAS

New York's drinking water standards for emerging contaminants are among the most protective in the country. In 2020, New York State set MCLs of 10 parts per trillion (10 ppt) for PFOA and PFOS, and 1 part per billion (1 ppb) for 1,4-dioxane. New York was the first state to develop an MCL for 1,4-dioxane.

Can PFAS be removed from clothing? ›

BPA (Bisphenol A) and PFAS (Per- and Polyfluoroalkyl Substances) are commonly found in fabrics due to various manufacturing processes. While washing your clothes can help reduce the presence of these chemicals, complete elimination might not always be possible.

Has the US banned PFAS? ›

Certain kinds of greaseproofing “forever” chemicals called per- and polyfluoroalkyl substances, or PFAS, will no longer be used in food packaging in the US, the US Food and Drug Administration announced Wednesday.

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.

Do lululemon leggings contain PFAS? ›

PFAS have been found in a wide variety of garments such as rain jackets, hiking pants, shirts and yoga pants and sports bras made by popular brands like Lululemon and Athleta. Forever chemicals are used as surface treatments to block water and stains.

Which state has the most PFAS? ›

Michigan is by far the leading state when it comes to toxic contamination. The following are the other states with severe PFAS contamination, some of which are also home to military bases where AFFF has been extensively used to extinguish fires: Ohio. California.

How much PFAS is harmful? ›

Between 2 and 20 nanograms per milliliter: If the sum of the seven PFAS is between 2 and 20 nanograms per milliliter, there is a concern for adverse effects. Patients should reduce PFAS exposure and be screened for high cholesterol, breast cancer and hypertension during pregnancy.

What is the new PFAS rule? ›

Addressing on-going uses of PFAS: In January 2024 EPA finalized a rule that prevents companies from starting or resuming the manufacture or processing of 329 PFAS; released three methods to better measure PFAS in the environment; and announced the addition of seven PFAS to the list of chemicals covered by the Toxics ...

Are shein clothes safe to wear? ›

Are Shein Clothes Toxic? In simple words, Shein clothes are not exactly toxic. That means the users face very little threat of getting sick by wearing them. However, Shein has faced criticism for a variety of environmental and ethical issues for using elevated levels of harsh chemicals in clothes.

How do I know if my clothing has PFAS? ›

The best way to find out whether your item of clothing is PFAS-free is to check the brand's website to see if it has announced that it has eliminated PFAS from its clothing or labeled clothing lines as PFAS-free. If no information is available, contact customer service to ask directly.

Does laundry detergent contain PFAS? ›

PFAS, or forever chemicals, are found in laundry detergents, stain removers and waterproofing treatments for outdoor gear. In the latter, they're often called durable water repellents, or DWRs. Once in the environment, they can persist for hundreds of years.

Does toothpaste have PFAS? ›

Fluoride in toothpaste is not the same as PFAS

Fluoride in toothpaste is sometimes confused with harmful fluorinated substances, also called PFAS. But they are not the same. Fluorinated substances are used, among other things, to make outdoor clothing, frying pans, or dental floss water-, dirt-, and grease-repellent.

Do 97% of Americans have PFAS? ›

PFAS don't easily break down and can persist in your body and the environment for decades. Today, more than 97% of the U.S. population has PFAS in their bodies, according to the Centers for Disease Control and Prevention (CDC).

What foods have PFAS in them? ›

For our 2022 targeted seafood survey, we detected PFAS in 74% (60 out of 81) of the samples of clams, cod, crab, pollock, salmon, shrimp, tilapia, and tuna.

What brands have PFAS in them? ›

Band-Aid, Walmart and CVS among bandage brands containing toxic PFAS. Many popular US bandage brands contain alarming levels of toxic PFAS “forever chemicals”, new research suggests, raising questions about the products' safety.

Do cotton clothes have PFAS? ›

Investigators recently dug into children's products labeled as water or stain resistant, windproof or wrinkle resistant and found that 65% of them contained PFAS, and the highest concentrations were found in school uniforms. Interestingly, items labeled 100% cotton had the highest concentration of PFAS.

What clothing brands have toxic chemicals? ›

The Center for Environmental Health in California has found high levels of the hormone-disrupting chemical BPA in polyester-spandex socks and sports bras by dozens of large brands, including Nike, Athleta, Hanes, Champion, New Balance, and Fruit of the Loom, at up to 19 times California's safety limit.

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