Colorado’s relationship with per- and polyfluoroalkyl substances (PFAS) is getting a whole lot rockier.
SB-81, which was signed into law in May and immediately went into effect, expands upon existing state legislation that banned the sale or distribution of certain products containing PFAS.
- PFAS is an acronym that describes a type of man-made 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, PFAS chemicals have proven to have the potential to cause health risks such as cancer, hypertension, high cholesterol and other issues.
What Does The Law Entail?
Starting on January 1, 2025, outdoor apparel used for severe wet weather and containing intentionally added PFAS can be sold in Colorado only if the products have labels indicating that they’re made with the controversial chemicals.
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As of January 1, 2026, the sale or distribution of cookware, dental floss, menstrual products and ski wax that contain intentionally added PFAS chemicals will be prohibited in Colorado.
- The sale or distribution of PFAS-containing cleaning products, aside from those used for floor maintenance in medical settings, will also be banned as of the start of 2026.
- Plus, on that date, it’ll be against the law to install artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state.
As of January 1, 2028, the sale or distribution of outdoor apparel for severe wet weather, all textile articles, food equipment used in commercial settings and floor maintenance products used in medical settings that contain intentionally added PFAS chemicals will all be banned in Colorado.
National Concern
More than half of the U.S. has targeted PFAS in recent years, with 34 states having introduced policies to protect people from the chemicals and 28 states actually adopting said policies, according to advocacy group Safer States.
In April, the Environmental Protection Agency (EPA) announced new regulatory limits on PFAS chemicals in drinking water, which will be accompanied by $1 billion in implementation and hopes to reduce exposure to the chemicals for 100 million people.
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The EPA’s announcement came in response to a global study published by Nature Geoscience, which revealed a pervasive amount of PFAS chemicals found in groundwater samples with particularly alarming levels of the harmful substance in the United States.
In November, the EPA issued a ruling under the Toxic Substance Control Act that imposes a nearly $50,000-per day penalty for violating PFAS regulations.
- Reporting PFAS levels will be due in 2025.
- There is no exception for small businesses or small volume.
Promo Perspective
PPAI Media has repeatedly covered “The Chemical Dilemma” as it pertains to promotional products. Several companies, including those in the promo industry, are in the process of evaluating how to remove PFAS chemicals from their products.
“There’s no industry that creates a product that isn’t impacted by PFAS or other chemical bans and restrictions,” says Elizabeth Wimbush, director of sustainability and responsibility at PPAI. “Digging into what changes will come about with an update to a product should always be part of the research and development process to help account for all scenarios.”
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The recent global study is indicative of the fact that PFAS chemicals are a problem for which the scope and the cause extends far outside of promo. However, it’s the type of revelation that will likely stir justified fear and action in many policymakers in coming years.
- Last October, the Product Responsibility Action Group – a PPAI volunteer group – met with U.S. Consumer Product Safety Commission in Washington D.C. to discuss PFAS regulations, among other topics.
