What are PFAS and Who is Regulating Them?
PFAS, short for Per- and Polyfluoroalkyl Substances, represents a category of synthetic compounds with remarkable properties. The most notable of those properties is their ability to repel grease and water. For decades, these versatile chemicals have been integral to a wide array of consumer kitchen products. From non-stick cookware to microwave popcorn bags, they even show up as the stain-resistant coating on pots and pans. Their utility in creating effortlessly clean and contaminant-resistant surfaces has extended beyond the kitchen. They can also be found infiltrating household products like carpet, upholstery, and clothing. Nevertheless, mounting concerns have surfaced regarding the potential health and environmental repercussions associated with PFAS. This has instigated rigorous PFAS regulations to curtail their utilization in these products.
Some of the health issues the CDC mentions when talking about PFAS are increased cholesterol, liver enzyme changes, decreases in infant birth weights, decreased vaccine responses, increased blood pressure, and an increased risk of kidney or testicular cancer. Yet, the complete spectrum of PFAS’s impact on the human body remains a subject of ongoing research. The consensus predominantly revolves around its propensity to accumulate within the human system and its stubborn resistance to degradation.
In the ever-changing landscape of product manufacturing, staying ahead of regulatory shifts is crucial. Per- and Polyfluoroalkyl Substances (PFAS) have become a focal point due to environmental and health concerns. This blog will discuss PFAS regulations with a focus on California and Colorado’s measures. It will also go over what is upcoming in other states. Our goal is to empower you with the knowledge to navigate PFAS regulations effectively, ensuring compliance, and retaining sales amidst a shifting regulatory landscape. Throughout all of this, Petra is here to help you stay ahead of the curve.
AB1200 – A Rollercoaster of Regulation that Could Possibly Be Derailed?
In the realm of PFAS regulations, one piece of legislation that demands our attention is AB1200, or Assembly Bill 1200. This California bill is the first legislation in the United States that regulates PFAS in both food packaging and cookware. It currently, as of January 1st of 2023, requires manufacturers add a page to their website containing:
- (a) A list of all chemicals in the cookware that are also present on the designated list.
- (b) The names of the authoritative list or lists referenced by the Department of Toxic Substances Control in compiling the designated list on which each chemical in the cookware is present.
- (c) A link to the internet website for the authoritative list or lists identified pursuant to subdivision (b).
It also requires that by January 1st of 2024 manufacturers must add a label to their product and to all online sales listings stating “This product contains: ______. For more information about chemicals in this product, visit” followed by a QR Code and URL pointing to the URL setup previously.
Some customers are already moving forward with implementing this bill’s requirements. They are requiring the list of chemicals and URL to the manufacturer’s site as well as a statement of whether the product is compliant with AB1200.
However, AB1200, despite its intent to address chemical safety concerns, is overly broad in scope. It encompasses a wide range of substances beyond PFAS. The legislation references every chemical on the Department of Toxic Substances (DTSC) control list. This includes basic chemicals like iron and aluminum, which only pose issues when present in drinking water. The lack of focus, coupled with the term “intentionally added,” dilutes the bill’s effectiveness. Moreover, the bill doesn’t provide set penalties or designate an agency responsible for enforcing the legislation. In fact, the law firm of Gupta Evans and Ayres, California Attorneys, criticizes this legislation for its numerous issues and essentially deems it unenforceable. Consequently, AB1200 might face legal challenges and many manufacturers have opted to contest the legislation rather than comply.
Ultimately, because there is a legal risk involved and distributors and retailers are particularly implicated in the law, Petra as well as our customers require that you let us know if you are AB1200 compliant or not. This applies if you sell anything in the “Kitchen” category due to California’s broad definition of cookware. We also require that you provide the label/labels used on the product as well if you decide your product does need a label.
Colorado HB 22-1345 – The Better Option California Should Have Passed
In contrast to California’s bill, Colorado has released a more focused and simple legislation that specifically targets PFAS chemicals. After January 1st, 2024, manufacturers of cookware that contains intentionally added PFAs chemicals in the handle or product surface that contacts food must include a label on the product in English and Spanish that reads: “For more information about PFAS chemicals in this product, visit” followed by a QR Code and website address that provides information on why the chemicals are intentionally added.
They also require that this label is displayed for all online sales. They will also prohibit certain other items for sale in 3 phases. Phase 1 begins Jan 1st of 2024 and contains carpets, rugs, fabric treatments, juvenile products, and oil and gas products. Phase 2 begins Jan 1st of 2025 and contains cosmetics, indoor textiles, and indoor upholstered furniture. The final phase contains outdoor textile furnishing and outdoor upholstered furniture.
We have also seen movement from multiple customers to begin integrating this bill as well into their build processes. However, unlike AB1200, there has been less criticism of the scope and enforceability of this bill. It provides for set civil penalties of up to $5,000 for each violation on first offense and $10,000 per violation for repeat offenders. It also better defines what “Intentionally added PFAS Chemicals” means and lacks many of the pitfalls Evan and Ayres bring up regarding AB1200.
What does that mean for you? This law needs to be taken seriously since the perceived risk is much higher and not left open ended. If your products are of any of the types listed above, Brownstein Hyatt Farber Shreck suggests you should review your manufacturing and distribution agreements and take affirmative action to understand the identity, presence, and use of any PFAS chemicals in relation with your product. Then, consult with your counsel to coordinate testing and manufacturing assessments to evaluate and manage risk in your situation.
What Else is on the Horizon?
Although California and Colorado have been the main pioneers of PFAS legislation, other states are starting to follow suit. With different legislation, some states will outright ban PFAS products.
Maine’s new law requires manufacturers to notify the state of any product distributed with intentionally added PFAS chemicals by January 1st of 2025. They currently ban fabric treatments, carpets, and rugs containing PFAS and plan to ban all PFAS products starting in 2030 if use of the PFAS is not unavoidable.
Minnesota’s new law HF2310 completely bans PFAS in 11 categories starting January 1st of 2025. This includes carpets, rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishing, ski wash, and upholstered furniture.
New York’s pending law S5648A, while still pending, completely bans PFAS starting in January 1st of 2025 as well. This ban, like the Minnesota law, covers textiles, rugs, fabric treatments, cookware, ski waxes, paints, children’s products, and cleaning products.
These three laws are only the tip of the iceberg. There is pending legislation regarding PFAS in over 30 states, so PFAS regulations aren’t going away anytime soon.
What Can We Do?
To stay ahead of this, there are a few crucial steps you should take. Firstly, it’s essential to determine whether your product contains any form of PFAS from your manufacturer. This applies not only to cookware but to any product that comes into contact with food, beverages, or skin.
Next, the most effective way to futureproof your product is to eliminate all PFAS. You could opt for alternatives such as ceramics or numerous other options. If this isn’t feasible, perhaps due to extensive existing inventory, the best alternative is to label the product to comply with as many of the existing laws as possible. This would allow you to continue selling until the bans take effect.
If you sell with Petra, we have already began requiring compliance information related to both Colorado and California laws. The next step is to provide either your labeling or a statement saying your product does not require labeling so we can distribute it to all customer sites as well as our own.
A possible example of a product label that would cover PTFE in California and Colorado is shown below:
| Warning: This product contains PTFE, a PFAS which is used for nonstick coating properties. For more information about PFAS chemicals in this product, visit http://yourdomain.com/pfas. Advertencia: Este producto contiene PTFE, un PFAS que se utiliza para obtener propiedades de revestimiento antiadherente. Para obtener más información sobre los productos químicos de este producto, visite http://yourdomain.com/pfas. |  |
Petra is Here to Help!
In conclusion, it is evident that Per- and Polyfluoroalkyl Substances (PFAS) are under increasing scrutiny due to their potential health and environmental risks. As various states like California and Colorado take proactive steps to regulate these chemicals, businesses must adapt to stay compliant and maintain their market presence. Staying informed about the evolving PFAS regulations across different regions is essential for success in today’s dynamic product manufacturing industry. Petra remains committed to providing you with the necessary insights and guidance to ensure your business not only complies with PFAS regulations but also thrives in this ever-changing regulatory landscape.
Petra is your trusted partner, dedicated to keeping you informed and prepared to meet PFAS regulatory challenges head on, safeguarding your business’s future in a changing regulatory environment.
Disclaimer: The information provided is for general informational purposes only. It should not be considered as legal advice or a substitute for professional legal counsel. No attorney-client relationship is formed by engaging in any conversation or interaction. Please consult with a qualified attorney for personalized legal advice tailored to your specific situation. Any reliance on the information provided is at your own risk.