States Remain Focused on Targeting PFAS (Forever Chemicals), Despite Delays

States are moving to address “forever chemicals,” which do not break down naturally, can accumulate over time, and are found in a wide range of consumer products. Collectively, these thousands of chemicals are known as perfluoroalkyl and poly-fluoroalkyl substances (PFAS). At first, states reacted to the rising awareness and research around PFAS by regulating the chemicals in drinking water and allocating funds for cleanup in soil and groundwater near manufacturing and military facilities. But now state policymakers are setting their sights on consumer products themselves — and the companies that produce them.

States have used three main strategies to limit the use of PFAS in consumer products: (1) reporting requirements, (2) phasing out the sale of targeted PFAS-containing product categories, and (3) setting sunset dates to ban the sale of all PFAS-containing products. Currently, 15 states have taken the second route and have limited the sale of targeted PFAS-containing products such as food packaging (12 states), carpets and rugs (8 states), cosmetics (6 states), and firefighting foam (13 states). 

Maine, Washington, and Minnesota have gone a step further to add reporting requirements and enable state agencies to phase out all non-essential use of PFAS in consumer products. Under a law passed last year, Minnesota plans to ban non-essential use of PFAS in all products by 2032 (with targeted phase-outs starting in 2025). Washington enacted a broad PFAS ban in 2022 to be implemented in stages. The first cycle of regulations was finalized last year and will implement reporting requirements for targeted products starting this year (on outdoor furniture) and phase out PFAS sales for targeted products beginning in 2025 (carpets and rugs).

Maine was the first state to enact a broad PFAS ban in 2021, though implementation has been difficult with much of the heavy lifting falling upon an agency with limited resources. Under the original Act to Stop PFAS Pollution, Maine would have required manufacturers to submit notifications informing the state of products for sale that contain “intentionally added” PFAS starting in 2023. However, the state was forced to exempt thousands of manufacturers from the reporting requirements because of delays in publishing the regulations spelling out those requirements. Last year, lawmakers amended the law to delay the reporting requirements until 2025. And last month, lawmakers amended the law once again, this time to delay the broad reporting requirements for “intentionally added” PFAS until 2031 — nearly a decade later than the original law. 

The 2021 Act to Stop PFAS Pollution in Maine also set a date of 2030 to ban the sale and distribution of any product that contained “intentionally added” PFAS. This year’s amendments also delayed this deadline two years until 2032, which is the same year that Minnesota hopes to have phased out non-essential use of PFAS in all products. While broader bans and reporting requirements have been more difficult to implement, states have had more success by targeting certain product categories to phase out on shorter time horizons. 

Despite the delays, states remain focused on ridding PFAS from consumer products, a trend we don’t see diminishing anytime soon. 

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This article appeared in our Morning MultiState newsletter on May 7, 2024. For more timely insights like this, be sure to sign up for our Morning MultiState weekly morning tipsheet. We created Morning MultiState with state government affairs professionals in mind — sign up to receive the latest from our experts in your inbox every Tuesday morning. Click here to sign up.