Page 165 - FDCC_InsightsSpecialIssue23

Ally Cunnigham
Jessie Rosell
Matt Walker
Shanna McCormack
Mara Cohara
By Ally Cunningham, Jessie Rosell, Matt Walker, Shanna McCormack and Mara Cohara
1A wave of PFAS-related regulatory requirements in consumer products is
here and impacted industries should be prepared to track state legislative and regulatory developments. Beginning this year in 2023, many states will require certain industry sectors to limit or eliminate PFAS in certain consumer products. State restrictions take the form of statutory amendments or new statutes and cover industries from clothing to food packaging to cosmetics and personal care products. While the bills outlining these requirements were proposed in prior legislative sessions, effective dates of the new requirements began on December 31, 2022 and continue through 2030.
Broad Bans of Intentionally Added PFAS Compounds
In Maine, LD 1502 bans intentionally added PFAS from all products of any kind sold in the state. Parties selling products in Maine will be subject to intermediate deadlines, which are fast approaching, but are designed to allow industry sectors to find alternatives to intentionally added PFAS. The first of these requirements began January 1, 2023, requiring a phaseout of rugs, carpet, and fabric treatments containing PFAS, with a total ban on the chemicals in all products effective by 2030.
Restrictions on the Use of PFAS in Food Packaging and Apparel
In the food packaging context, laws in New York and California took effect December 31, 2022 and January 1, 2023, respectively, prohibiting the sale or distribution of intentionally-added PFAS in food packaging. Three additional states are set to restrict the use of intentionally added PFAS in food packaging in 2023. In February of this year, Washington will ban the use of paper wraps and liners, food boats, pizza boxes, and plates with intentionally added PFAS. On July 1, 2023, Vermont Bill S20 goes into effect which prohibits the use of intentionally added PFAS in food packaging. Lastly, on December 31, 2023, Connecticut Public Act No. 21-191 goes into effect and will also ban the use of intentionally
1 Reprinted with permission from the January 27, 2023, edition of the National Law Journal© 2023 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or reprints@alm.com.
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FDCC ANNUAL FIVES 2023
Toxic Tort Law
State PFAS Requirements for Consumer Products Set to Go
into Effect in 2023 and Beyond