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PFAS News - Regulatory Update for Manufacturers of Consumer Products

Writer: Mia Hill
Mia Hill
2 minutes ago
4 min read

States continue to drive per- and polyfluoroalkyl substances (PFAS) regulatory requirements while several federal EPA actions have been delayed. As a result, PFAS compliance is increasingly shaped by state-specific rules, product-category bans, and reporting programs, creating a rapidly evolving landscape for manufacturers, importers, and retailers. ALG has been assisting our clients with PFAS reporting and compliance in multiple states.  Below is some important information companies need to know to stay ahead of the complicated web of PFAS-related regulatory updates.


State Regulations:

PFAS regulations are becoming increasingly product-specific and state-driven, creating varied requirements for manufacturers, retailers, and importers. The regulatory landscape for PFAS continues to expand, with more than 30 states having enacted or proposed restrictions on intentionally added PFAS in consumer products, including specific bans affecting product categories including but not limited to: artificial turf, carpets, children's products, cookware, cosmetics, food packaging, outdoor gear, and textiles.


General PFAS Information:

  • “Intentionally added PFAS” is becoming the central regulatory trigger. Although definitions vary by state, most laws define “intentionally added” as PFAS deliberately added to a product to perform a specific function.

    Manufacturers should obtain supply chain disclosures beyond safety data sheets, including formulation details, component-level PFAS use, and functional intent.

  • PFAS definitions differ significantly across states. Some states regulate any PFAS, others use enumerated lists, and some regulate PFAS using total organic fluorine (TOF) thresholds (e.g., California textiles).

  • PFAS labeling requirements are expanding. Several states now require PFAS disclosures on cookware, textiles, children’s products, and PFAS-containing components.

  • No single PFAS test answers every regulatory question. Analytical methods vary depending on the regulatory driver (e.g., targeted PFAS analysis, TOF, non-targeted screening). 

  • For PFAS reporting purposes, responsibility generally falls to the manufacturer with a U.S. presence; if neither has a U.S. presence, responsibility shifts to the first importer or distributor that owns the product in the United States.


States with Upcoming PFAS Obligations and Reporting Requirements:

  • Minnesota's PFAS Reporting requires manufacturers to report intentionally added PFAS in products sold distributed, or offered for sale in Minnesota, including products for sale online.

    • Initial reports were due September 15, 2026

    • Annual reports due February 1 thereafter

  • New Mexico's PFAS Reporting requires manufacturers, distributors, and retailers to report products containing intentionally added PFAS through the NMPRS system and to comply with product labeling requirements by January 1, 2027.

  • Washington’s Safer Products Program bans certain consumer products with “intentionally added” PFAS and requires reporting for specified product categories sold, distributed, or offered for sale, including through online sales, in Washington.

    • Beginning January 31, 2027, any person who manufactures a priority consumer product containing intentionally added PFAS in or into Washington State must report in nine product categories, including apparel for extreme and extended use, automotive waxes, cookware and kitchen supplies, firefighting PPE, floor waxes and polishes, footwear, recreational gear, hard-surface sealers, and ski waxes.

  • Maine eliminated its broad PFAS product reporting program but retains reporting requirements for certain products granted a Currently Unavoidable Use (CUU) determination. Maine will generally prohibit the sale of products containing intentionally added PFAS beginning January 1, 2032, unless a CUU determination or another statutory exemption applies.


Federal Regulations:

  • Toxic Substance Control Act (TSCA)  PFAS Reporting Rule deadline has been delayed. The submission period will begin January 31, 2027, or 60 days after the forthcoming final rule.

    • Applies to entities that manufactured or imported PFAS during 2011–2022.

  • Toxics Release Inventory (TRI) Program requires facilities that manufacture, process, or otherwise use listed PFAS above TRI reporting thresholds to submit TRI reports for the Reporting Year 2026 by July 1, 2027.

    • TRI reporting now covers 206 PFAS, significantly expanding the number of PFAS subject to annual release and waste management reporting.

  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) designates PFOA and PFOS as hazardous substances, with a reportable quantity of one pound in a 24‑hour period. Releases at or above this threshold trigger immediate federal reporting and expand potential cleanup liability for facilities that manufacture, process, or handle PFAS.

    • EPA has stated it may consider additional PFAS for future designation, but no other PFAS are currently listed under CERCLA.


International Regulations:

  • Canada’s Prohibition of Certain Toxic Substances Regulations, 2025 prohibits the manufacture, use, sale, and import of PFAS in Canada. The rule regulates substances listed on Schedule 1 of CEPA which includes the following PFAS groups: PFOS, PFOA, long‑chain PFCAs, HBCD, PBDEs, and newly added flame retardants (DP, DBDPE).

    • Beginning June 30, 2026, importers into Canada must ensure that imported products comply with these prohibitions, maintain supply chain documentation, and meet any applicable notification or permit requirements.

  • The European Union (EU) is pursuing a comprehensive PFAS phaseout, including a proposed EU‑wide restriction on all PFAS.  Mandatory PFAS monitoring in drinking water beginning January 2026, restrictions on PFAS in food‑contact packaging beginning August 2026, expanded monitoring of PFAS in soil and water, and beginning in 2028, facilities subject to the Industrial Emissions Directive must monitor and report emissions on PFOA and PFHxS and their salts.

    • Existing bans already cover PFOS, PFOA, PFHxS, PFHxA, PFCAs, and PFAS in firefighting foam. 


How Ashworth Leininger Group (ALG) Can Help

The emerging PFAS rules and restrictions create new compliance obligations for manufacturers, importers, and retailers. Reach out to ALG if you need assistance with determining applicability with local, state, federal, or international PFAS restrictions and assistance with PFAS reporting. Contact Mia Hill (mhill@algcorp.com) and Christine Wong (cwong@algcorp.com) to discuss if PFAS restrictions affect your business and what actions may be needed to prepare for compliance with emerging and evolving requirements.

The information provided presents general information and should not be relied on when analyzing and resolving a specific environmental issue. If you have specific questions regarding a particular situation, please consult with competent environmental professionals about the facts and requirements that apply.

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