PFAS in Textiles: Recent Developments in the USA

This blog was originally posted on 7th May, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY BETH MCCALISTER, SENIOR REGULATORY CONSULTANT, COMPLIANCE & RISKS

Introduction

PFAS is known to be widely used in many consumer products, including textiles and apparel products. Product regulation regarding PFAS is expanding in the US, as compliance requirements on reporting, restriction, prohibition, and labeling become increasingly complex across multiple states.

In this blog, we take a look at recent developments in PFAS in Maine and Colorado.

Maine Enacts PFAS Law

On 16 April 2024, Maine enacted LD 1537/ SP 610 – An Act to Amend the Laws Relating to the Prevention of Perfluoralkyl and Polyfluoroalkyl Substances Pollution. The intention of the amended law is to phase out the use of per- and polyfluoroalkyl substances (PFAS) in products.

Reporting requirements

The amended Law provides that if the amount of each PFAS that is contained within the covered product is unknown, the manufacturer may specify the total weight of the product in question in the required written notification for a product that unavoidably contains intentionally added PFAS.

Furthermore, the notification must now include identification of the department’s determination that the use of PFAS is unavoidable for the respective product.

The manufacturer shall pay any applicable fee at the time they submit the notice.

The notification requirements are applicable to manufacturers employing more than 100 people, which was increased from 25.

As of 1 January 2032, failure to provide notice shall result in it being unlawful to sell, offer to sell, or distribute the relevant product.

New prohibitions

The amendment establishes that, from 1 January 2026, a person may not sell, offer for sale, or distribute in the State of Maine a textile article containing intentionally added PFAS. This does not include outdoor apparel for severe wet conditions or a textile article that is part of a watercraft, aircraft, or motor vehicle. If the textile article does not contain intentionally added PFAS, but is sold, offered for sale, or distributed in a container that is fluorinated or otherwise contains PFAS, this prohibition applies. It does not apply, however, to used textile articles.

Effective 1 January 2029, a person may not sell, offer for sale, or distribute in the State outdoor apparel for severe wet conditions that contain intentionally added PFAS, unless a legible, easily discernable disclosure stating, “Made with PFAS chemicals,” accompanies such product. This applies to all sales, offers for sale, and distributions, including those conducted online; however, it does not apply to sales, offers for sale, and distributions of used outdoor apparel for severe wet conditions.

Colorado Bill

Colorado’s State Legislature is moving forward with its own PFAS bill and has passed Senate Bill 24-081 Concerning Measures to Increase Protections from Perfluoroalkyl and Polyfluoroalkyl Chemicals, which awaits the Governor’s signature, as of the date this was authored.

Colorado already prohibits the sale or distribution of certain types of products containing intentionally added PFAS. If enacted, this bill would, among other things, prohibit the sale or distribution of certain outdoor apparel for severe wet conditions that contain intentionally added PFAS on or after 1 January 2025.

In addition, beginning on 1 January 2028, this bill would repeal the disclosure requirement and prohibit the sale or distribution of textile articles and outdoor apparel for severe wet conditions containing intentionally added PFAS chemicals.

Stay Ahead Of Regulatory Changes

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