Ban on PFAS-containing apparel to enter into force in New York

A ground-breaking prohibition on per- and polyfluoroalkyl substances (PFAS)-containing clothing has been approved by the New York legislators, which will enter into force next year upon being signed into law by the governor.

It is expected to facilitate a far-reaching market shift against PFAS in most garments and to expand on the momentum to restrict the persistent substance class across consumer goods in New York and other US states by enforcing the bill (S 6291A/A 7063A).

There is at the same time another similar measure (AB 1817) that covers textiles more broadly clearing California’s state Assembly, while some advocates in New York are working their way to promote several more proposals so as to eliminate PFAS applications in the legislature’s final days.

The already approved PFAS-containing apparel ban would halt the sale of the following articles with deliberately added per-and polyfluoroalkyl substances by December 31, 2023: shirts and tops, pants, skirts and dresses, vests, normal attire, leisurewear, underwear, scarves, onesies, bibs, and diapers.

The professional uniforms and heavy-duty outerwears are excluded from the ban, while PFAS-containing carpets and rugs have already been banned in early May as part of a larger extended producer responsibility measure (S 5027C/A 9279A), which, upon signed into law, shall take effect on December 31, 2024.

One critical factor for the approval here is that PFAS, though providing textiles with extraordinary durability and maintenance of apparel, are in general deemed non-essential in textiles, in which case famous retailers such as Gap Inc., Levi Strauss, and Patagonia, etc., have long pledged to move away from applying such compounds in their products. Nonetheless, the American Chemistry Council (ACC) urges to launch a veto against this decision, intending to demonstrate the negative consequences such a ban would have on consumers.

Noteworthily, the involved lawmakers plan to release a new measure targeting various goods, addressing textiles, fabric treatments, cookware, ski waxes, cleaning items, and architectural paints in reminiscence of multiproduct legislation awaiting executive action in Colorado. Further laws eliminating additional categories of PFAS-containing products before the legislature adjourns on June 2 are also pressed by several other environmental NGOs and legislative sponsors in New York. In the meantime, another bill (S 3331A/A 143) prohibiting PFAS and other concerning substances in cosmetics is also in the process of vigorous discussion.