Written on: October 1, 2024 by Nicholas Georges
Keeping up with the per- and polyfluoroalkyl substances (PFAS) regulatory landscape continues to be a daunting challenge for manufacturers and their supply chains. It’s been a rollercoaster trying to understand which chemicals are considered PFAS due to the lack of a standardized scientific definition of this class of substances and the different statutory interpretations used by jurisdictions across the U.S.
Some jurisdictions treat all substances with at least one fluorinated carbon atom as PFAS, while others use a more measured approach, recognizing that not all fluorinated compounds are identical. A recent example is the Updated Draft State of Per- and Polyfluoroalkyl Substances (PFAS) Reporti by Health Canada (HC) and Environment & Climate Change Canada (ECCC), which indicates that fluoropolymers may have significantly different exposure and hazard profiles compared to other fluorinated compounds. Based on this evidence, HC and ECCC have proposed excluding fluoropolymers from the PFAS chemical class.
Regardless of this evidence, many States in the U.S. continue to define PFAS as one fully fluorinated carbon atom and insist that this entire chemical class is dangerous and must be eliminated from products. With that in mind, it’s important to stay informed about recent activity and upcoming restrictions.
U.S. (Federal)
The U.S. Environmental Protection Agency’s (EPA) updated reporting period for the one-time PFAS Reporting Rule under the Toxic Substances Control Act (TSCA) is November 2024–July 2025. The March 2024 edition of Pressure Pointsii discussed this reporting obligation in more detail.
California & Colorado
California and Colorado both passed laws restricting the sale of personal care/cosmetics containing intentionally added PFAS, beginning Jan. 1, 2025.
Aerosols are included under the Colorado law; however, hydrofluoroolefins in personal care/cosmetics are exempt through 2027. Cleaning products (among other product categories) will be on the restricted list starting in 2026.
In California, legislation was sent to the Governor to establish a compliance framework for certain products related to registration and testing. While aerosols are not currently in scope, it is important to be aware of the provisions should this new structure be considered for future product categories.
Connecticut
In June, Connecticut passed a law restricting the sale of personal care/cosmetics and cleaning products, beginning in 2028; however, hydrofluorocarbons (HFCs) and hydrofluoroolefins used as propellants in personal care/cosmetics are exempt.
Maine
In April, Maine enacted legislation to amend the State’s PFAS in Products Program. Changes to the bill include the elimination of the broad notification requirement that was scheduled to take effect on Jan. 1, 2025; the addition of numerous exemptions; and allowing the use of aerosol propellants that are considered PFAS to be used until Jan. 1, 2040. Manufacturers should be aware that, starting Jan. 1, 2026, cleaning products and personal care/cosmetics are prohibited from containing intentionally added PFAS (unless that PFAS is an aerosol propellant). The 2026 prohibition also includes products packaged in a fluorinated container.
Maine requires manufacturers of products containing intentionally added PFAS, which the State has determined is a “currently unavoidable use” (CUU), to provide detailed information on the product.iii However, the recent amendments to the PFAS in Products Program have significantly decreased the number of products within scope of the reporting requirements.
Minnesota
In March, the Minnesota Pollution Control Agency solicited input on how to consider and make determinations about PFAS applications that qualify as a CUU. These determinations would be for products that may be banned from sale and distribution in Minnesota beginning in 2032. However, beginning Jan. 1, 2025, 11 product categories will be prohibited from containing intentionally added PFAS, including cleaning products and personal care/cosmetics. It should be noted that Minnesota’s 2025 prohibition applies to all primary packaging, including the container and any components that dispense the product.
Minnesota also requires that a product manufacturer using intentionally added PFAS report detailed information about each product to the Commissioner by Jan. 1, 2026, with limited exemptions for pesticides or agricultural products sold, offered for sale or distributed in the State. There are also testing and certification requirements to ensure compliance.iv
Washington State
Under the Safer Products for Washington Program, the Washington Dept. of Ecology is working through the regulatory process that will require either a PFAS reporting requirement or prohibit the use of intentionally added PFAS. Product categories under current review include cleaning products, polishes and waxes, and hard surface sealants. It should be noted that aerosol propellants are currently proposed to be out of scope of the rules.
Canada
Canada is currently collecting information on certain PFAS substances—either alone or in mixtures, products and manufactured items—that are for sale in Canada. This information will help establish baseline use commercial data and inform future regulatory activity related to PFAS. The reporting period opened in July and will close on Jan. 29, 2025.
It is obvious that legislative and regulatory activity on PFAS will not stop anytime soon, and companies need to stay up-to-date on the different requirements to ensure compliance.
For more information about PFAS or State-specific questions, please contact me at ngeorges@thehcpa.org. SPRAY
