The U.S. Environmental Protection Agency announced last month that it will keep in place a Biden-era rule designating two common “forever chemicals” – PFOA and PFOS – as hazardous substances under the federal Superfund law.
The decision means companies must report significant spills or releases of these chemicals, part of the PFAS family, but it does not restrict or ban their use in consumer products – unlike an emerging group of state laws.
- PFAS is an acronym that describes a type of synthetic chemical that has been used in manufacturing and consumer products since the 1940s.
- Referred to as “forever chemicals” because they sometimes take hundreds or thousands of years to break down, per- and polyfluoroalkyl substances – better known as PFAS – have been proved to have the potential to cause health risks such as cancer, hypertension, high cholesterol and other issues.
The EPA has again postponed a deadline for reporting related to past manufacturing of PFAS (2011-2022) as required under the Toxic Substances Control Act, but has not rolled back the requirement itself. Originally set to open in November 2024, the new reporting period will begin April 13, 2026, with a due date of October 13.
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But states are pressing forward with more consumer-focused regulations, including laws that seek to ban PFAS use in a variety of products.
For example, California lawmakers recently passed a bill that would ban the sale of food packaging containing intentionally added PFAS by 2028. The bill also targets other products, like dental floss, cleaning supplies and cookware, with restrictions extending through 2031. Gov. Gavin Newsom must now decide whether to sign the measure.
PFAS regulation remains an annual hot topic at PPAI’s Responsibility Summit, as these laws continue to expand and evolve. As of October 1, 2025, 15 states have enacted laws limiting or otherwise regulating PFAS in consumer products, with similar bills proposed in another six states. Below is a brief summary of the active state PFAS laws:
California
California prohibits the use of some or all PFAS chemicals in cosmetics, food packaging, children’s products, apparel and textile products and more, with expanded prohibitions passed and awaiting the governor’s signature.
All products sold to consumers in California may require Proposition 65 warnings if these products contain PFOA, PFOS and other chemicals in the PFAS family. Cookware and outdoor apparel for severe wet conditions must disclose whether PFAS is present.
Colorado
The Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, passed in 2022, prohibits the sale or distribution of certain products in Colorado that contain intentionally added PFAS chemicals, beginning January 1, 2024. Applicable product categories, expanded in 2024, include (but not limited to) food packaging, children’s products, cookware and cosmetics, as well as textiles, upholstery and fabric treatments.
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Connecticut
Connecticut law prohibits the manufacture, distribution or sale of a variety of products containing intentionally added PFAS, including but not limited to apparel, cookware, cosmetics, children’s products, food packaging and outdoor apparel for severe wet conditions.
Hawaii
A 2022 law in Hawaii banned PFAS in food packaging, and a 2025 bill would expand the prohibition to include cosmetics and personal care products starting in 2028.
Illinois
Beginning January 1, 2026, Illinois law prohibits the distribution or sale of specific products that contain intentionally added PFAS, including but not limited to cookware, cosmetics, children’s products and food packaging or food contact products.
Maine
Maine passed one of the broader PFAS laws in 2021, which was amended in 2023 and took effect in 2024. Maine, Minnesota and New Mexico are currently the only enacted state laws that will eventually prohibit intentionally added PFAS in almost all consumer products.
Maine maintains a detailed “PFAS in Products“ website, but here are a few highlights:
- As of January 1, 2026, the law prohibits the sale of specific products that contain intentionally added PFAS, including but not limited to cookware, cosmetics, children’s products and textiles – as well as products that do not contain intentionally added PFAS but which come in a container that contains intentionally added PFAS.
- On January 1, 2029, the ban extends to outdoor apparel for severe wet conditions unless accompanied with the disclosure: “Made with PFAS chemicals.”
- Any products containing intentionally added PFAS may no longer be sold in Maine as of January 1, 2032, unless the use of PFAS in the product is a currently unavoidable use.
Maryland
Maryland law currently prohibits PFAS in cosmetics, food packaging and disposable gloves used in food service, as well as rugs/carpets and firefighting foam. A bill proposed earlier this year to expand the ban to a broad array of consumer products beginning in July 2026 stalled in committee.
Minnesota
In 2023, Minnesota enacted Amara’s Law (HF 2310), currently the most comprehensive and wide-ranging state law restricting or banning PFAS in consumer products. The law bars intentionally added PFAS in several categories of products (beginning on January 1, 2025) – food packaging, children’s products, cookware, cosmetics and more – and that prohibition expands to all consumer products on January 1, 2032 (with limited exemptions).
Minnesota also requires reporting for products that contain intentionally added PFAS. Manufacturers must submit information by July 1, 2026, to the Minnesota Pollution Control Agency, including:
- A brief product description, including UPC, SKU or other numeric product code.
- The purpose for using PFAS in the product.
- The amount of each PFAS substance present.
- Contact information for the manufacturer.
Failure to provide this information will result in loss of the ability to sell or distribute products in Minnesota.
Visit the Minnesota Pollution Control Agency site for more information and compliance resources.
New Hampshire
Enacted in 2024, New Hampshire’s PFAS ban takes effect on January 1, 2027, and includes but is not limited to food packaging and containers, children’s products, cosmetics and household textiles. Secondhand products and products made with at least 85% recycled content are exempt.
New Mexico
In April, New Mexico enacted its law prohibiting certain PFAS substances on specific product categories, starting January 1, 2027, with cookware, food packaging, children’s products and more.
As in Minnesota, New Mexico’s new law also prohibits the sale or distribution of any consumer product containing intentionally added PFAS substances (with some exceptions) beginning January 1, 2032, and requires reporting to the New Mexico Environment Department:
- A brief product description, including UPC, SKU or other product code.
- The purpose for using PFAS in the product.
- The amount of each PFAS substance present.
- Contact information for the manufacturer.
New York
New York state law bans PFAS in food packaging (effective December 31, 2022) and apparel (effective January 1, 2025). The prohibition extends to outdoor apparel for severe wet conditions on January 1, 2028.
Starting January 1, 2026, New York will prohibit the sale or distribution of children’s products containing intentionally added PFAS. Additionally, manufacturers of children’s products that contain PFAS (or other listed “chemicals of concern“) must report to the Department of Environmental Conservation with a description of the product, the chemical it contains and the chemical’s purpose.
Proposed regulations in New York have expanded PFAS restrictions or bans to include packaging, cosmetics/personal care products, textiles, cookware – and notably, pet products.
Oregon
Oregon regulates PFAS in children’s products, food packaging (January 1, 2025) and cosmetics/personal care products (beginning in 2027). Visit the state’s Department of Environmental Quality page on “Addressing PFAS in Oregon“ for more information.
Rhode Island
Rhode Island’s PFAS Ban Act of 2024 prohibits the manufacture, sale or distribution of certain products containing intentionally added PFAS starting January 1, 2027, including but not limited to children’s products, cookware, cosmetics, food packaging and textiles. The ban extends on January 1, 2029, to outdoor apparel for severe wet conditions unless accompanied by a disclosure of: “Made with PFAS chemicals.” Visit the state’s Department of Environmental Management PFAS page for more information.
Vermont
Vermont law has restricted PFAS in food packaging (see guidance here), cookware, cosmetics, children’s products, textiles and more, with some prohibitions as early as 2023 and others beginning January 1, 2026. The state also requires manufacturers to provide certificates of compliance.
Washington
Washington state prohibits the sale or distribution of certain products that contain PFAS, including but not limited to food packaging, children’s products, cosmetics/personal care products and household textiles. Additional product categories and under consideration for regulation, including apparel and outdoor gear.
Washington’s Children’s Safe Products Reporting Rule requires manufacturers to report the presence and use of certain chemicals in children’s products – including two PFAS: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). These annual reports are due by January 31 for products sold the previous year.
- Consult each state’s website for more details on PFAS rules for consumer products.
Similar legislation has been proposed in Delaware, Iowa, Massachusetts, North Carolina, Ohio and Texas. In the absence of a federal standard, more states are likely to follow suit. PPAI will continue to monitor these developments and provide updates to help members navigate compliance requirements.
For questions or suggestions on regulatory or government affairs issues, please contact Rachel Zoch at RachelZ@ppai.org.