The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS). There are already laws on the books banning the sale or distribution of PFAS-containing food packaging and children’s products, and requiring disclosure of PFAS in cookware. California recently added to the list of products that must be PFAS-free within its borders, passing two new laws banning the use of PFAS in certain textiles and cosmetic products.

Under the newly passed AB 1817, beginning on January 1, 2025, “no person shall manufacture, distribute, sell, or offer for sale in the state any new, not previously used, textile articles that contain . . . PFAS.”  Textile articles include, among other things:

  • Apparel
  • Furnishings
  • Towels
  • Napkins
  • Shower curtains
  • Handbags and backpacks

Manufacturers of textile articles must use the “least toxic alternative” when removing PFAS from these products, including using an alternative design. Manufacturers will also be required to provide a “certificate of compliance” to persons selling or distributing their products within the state, which must be signed by an “authorized official of the manufacturer,” stating that the textile article does not contain PFAS.

AB 1817 exempts “outdoor apparel for severe wet conditions” from the PFAS ban; however, if such products contain PFAS, they must be labeled “Made with PFAS chemicals,” including in any online listings for sale.

In addition to textile products, California also recently banned the use of PFAS in cosmetics. Under AB 2771, beginning on January 1, 2025, “no person shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added PFAS.” Cosmetic products include any article intended to be applied to the human body for “cleansing, beautifying, promoting attractiveness, or altering the appearance.”

PFAS is considered to be “intentionally added” when a manufacturer adds PFAS for functional or technical effect on the product, or when PFAS are an intentional breakdown product of another added chemical.

With these two new laws, California is continuing the trend in regulating, requiring reporting, or outright banning products containing PFAS. Manufacturers should continue to take notice of these laws and how they might impact their products – both in the State of California and potentially beyond.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Megan Baroni Megan Baroni

I am an environmental attorney in Robinson+Cole’s Environmental and Utilities Group. I have worked with manufacturers, both big and small, on environmental compliance, risk management, and litigation matters for my entire career. My full firm bio can be accessed here.

As an…

I am an environmental attorney in Robinson+Cole’s Environmental and Utilities Group. I have worked with manufacturers, both big and small, on environmental compliance, risk management, and litigation matters for my entire career. My full firm bio can be accessed here.

As an environmental lawyer, I never want to be a roadblock to our client’s goals. I strive to understand the business of our manufacturing clients – what do you make and how do you make it? I want to know your objective, and I want to help you get there. Regulatory requirements and potential legal liabilities can sometimes seem daunting, but I help our clients develop an understanding of the requirements and all of the potential options so that we can create practical and cost-effective solutions to accomplish the objective. I work with management as well as the people who make our clients’ products every day, and I enjoy every part of it. It’s a good day for me when I can put on my hard hat and walk the factory floor.