Colorado Updates Legislation on PFAS in Consumer Products

The state of Colorado has updated its legislation regarding products with intentionally added PFAS, with phased implementation beginning in January 2025. On May 1, 2024, the Governor signed SB 24-081 which makes significant revisions to the existing regulations. This amendment makes several key changes to the current regulatory framework. 

Previous PFAS Legislation 

In 2022 the State of Colorado passed legislation (the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act") to establish a regulatory scheme that prohibits the sale or distribution of certain products (i.e. carpets, fabric treatments, food packaging, oil/gas products) that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). “Intentionally added PFAS chemicals” are defined as "PFAS chemicals that a manufacturer intentionally adds to a product and that have a functional or technical effect on the product” and also include any “intentional breakdown products” of added PFAS chemicals. 

New PFAS Legislation 

The new bill titled the “Perfluoroalkyl and Polyfluoroalkyl Chemicals Protection Act” includes the following restrictions on the use of intentionally added PFAS in consumer products:  

• January 1, 2025: The sale or distribution of certain outdoor apparel meant for prolonged or intensive use in extremely wet conditions (outdoor apparel for extremely wet condition) that contains intentionally added PFAS chemicals will be prohibited unless the product is accompanied by a disclosure stating that it contains PFAS chemicals (disclosure requirement). 

• January 1, 2026:  The sale and distribution of cleaning products, cookware, dental floss, menstrual products and ski wax that contain intentionally added PFAS chemicals will be prohibited as part of the product phaseout timeline. However, floor maintenance products used in hospitals or medical settings are exempted until January 1, 2028. 

• July 1, 2026: It will be illegal for anyone to install artificial turf containing intentionally added PFAS chemicals on any part of property in the state. 

• January 1, 2028: The disclosure requirement will be repealed, and the sale or distribution of outdoor apparel intended for extreme wet condition that contains intentionally added PFAS chemicals will be prohibited. In addition, the sale and distribution of textile articles and food contact equipment intended primarily for use in commercial settings that contain intentionally added PFAS will also be prohibited. 

• January 1, 2032: The product phaseout timeline will be repealed and the sale or distribution of any non-exempted product containing intentionally added PFAS chemicals will be prohibited.  

The full text of SB 24-081 can be found here.