State-Level PFAS Regulations Won’t Have Federal Model To Replicate

Per- and polyfluoroalkyl substances (PFAS) – referred to as “forever chemicals” because they sometimes take hundreds or thousands of years to break down – don’t appear to be a priority for the Trump administration.

• Man-made chemicals that have been used in manufacturing and consumer products for roughly 80 years, PFAS have been proven to have the potential to cause health risks such as cancer, hypertension, high cholesterol and other issues.
  
• PPAI Media has repeatedly covered “The Chemical Dilemma” as it pertains to promotional products. Several companies, including those in the branded merchandise industry, are in the process of evaluating how to remove PFAS chemicals from their products.

One day after President Donald Trump’s second term began, the Environmental Protection Agency withdrew a pending Biden administration plan to set new limits on chemical discharge into drinking water, CBS News reported.

• In April 2024, a global study revealed a pervasive amount of PFAS chemicals discovered in groundwater samples with particularly alarming levels found in the United States.
• In the aftermath of this finding, the EPA announced new regulatory limits on PFAS in drinking water, with hopes to reduce exposure to the chemicals for 100 million people. 

However, the Trump administration has pulled the Biden administration’s proposal from White House review – the last step before the agency could release the plan publicly and seek comment on it.

RELATED: Canada Implements New PFAS Reporting Rule

“This move not only delays establishing critical federal standards but also sends a dangerous message giving polluters a green light to continue poisoning our water and communities without fear of consequence,” says Melanie Benesh, vice president of government affairs at the Environmental Working Group, a nonprofit specializing in research and advocacy.

State regulators have waited for the federal government to lead on this issue so they can incorporate effective monitoring and treatment requirements into their discharge permits.”

Melanie Benesh

VP of Government Affairs, Environmental Working Group

“State regulators have waited for the federal government to lead on this issue so they can incorporate effective monitoring and treatment requirements into their discharge permits. Without federal limits, those efforts remain stalled.”

• Under the Toxic Substances Control Act, the EPA has delayed the start of reporting related to PFAS to July 11, 2025.

State Regulation Of PFAS

Considering the lack of action at the federal level, it’s up to states to implement their own regulations for PFAS in 2025 and beyond.

Maine, Minnesota and California are at the forefront of these efforts, implementing comprehensive measures to restrict PFAS use in consumer goods, according to reporting by Brian Gross, Max Swetman and Mikaela Barbour of Law360.

• Maine has prohibited the sale of any products containing intentionally added PFAS, unless deemed “unavoidable,” by 2032. The state has also imposed notification requirements for PFAS-containing products.
• Minnesota, which will also ban the sale of products with intentionally added PFAS in 2032, has prohibited the sale of 11 categories of PFAS-containing products, including cookware, cosmetics, feminine hygiene products and furniture.
• At the dawn of 2025, California banned intentionally added PFAS in textiles and cosmetics. The ban targets products like apparel, furnishings and personal care items, with certain exemptions through 2028.

Similarly, New York and Colorado have enacted prohibitions on the sale of apparel containing intentionally added PFAS.

PPAI is keeping an eye on state-level legislation addressing PFAS, extended producer responsibility and more.”

Rachel Zoch

Public Affairs & Research Editor, PPAI

“Given the moves the Trump administration has already made toward rolling back federal regulations, it’s going to be increasingly important to watch developments in the states and courts,” says Rachel Zoch, public affairs and research editor for PPAI. “PPAI is keeping an eye on state-level legislation addressing PFAS, extended producer responsibility and more.”

• Here’s a comprehensive list of bills introduced at the state level this year to restrict/prohibit PFAS in a range of products.

For questions or suggestions on regulatory or government affairs issues, please contact Rachel Zoch at RachelZ@ppai.org.