CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: Vermont extended PFAS ban to other products

JUNE 2024 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The Vermont Governor signed the bill S.25¹ to further regulate consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS) on 30 May 2024. The newly prohibited products are personal care products, textiles, cookware, artificial turf and juvenile products containing toxic chemicals with negative long-term health effects.

Previously, we reported² that Vermont regulated PFAS in food packaging, rugs, carpets and aftermarket stain and water-resistant treatments, firefighting agents and equipment. The bill S.25 addresses other products with PFAS chemicals, and its requirements are similar to the legislation in California³. In addition, cosmetic and menstrual products shall not contain PFAS and other toxic substances e.g. phthalates, formaldehyde, triclosan, etc. Furthermore, the Attorney General may request manufacturers to provide a certificate of compliance to demonstrate product compliance within 60 days. 

Here is a brief summary of the Vermont legislation:

• Cosmetics and menstrual products containing intentionally added PFAS and other listed chemicals in any amount will be prohibited. This will apply from 1 January 2026 and five other chemicals (e.g. styrene, toluene, formaldehyde, etc.) in these products will be banned starting from 1 July 2027.

• Newly prohibited products containing intentionally added PFAS (effective 1 January 2026):
  
  • artificial turf;
  • cookware;
  • incontinence protection product;
  • juvenile products;
  • a textile or textile articles (See remarks 1 and 2).

• Prohibited products with intentionally added PFAS as per existing law (already in effect):
  
  • residential rugs or carpets; 
  • aftermarket stain and water-resistant treatment for rugs and carpets;
  • ski wax or related tuning products;
  • firefighting foam; 
  • food packaging (See remark 3)

• Notice to purchasers (already in effect)
  • A manufacturer or another person that sells personal protective equipment for firefighting containing PFAS shall provide the purchaser with written notice that the equipment contains PFAS and why PFAS are added.

Remarks:

1. The regulated PFAS for textiles are defined as those intentionally added to a product and have a functional or technical effect in the product, or the presence of total organic fluorine is at or above 100 ppm (this will be decreased to 50 ppm from 1 July 2027).
2. The requirement for outdoor apparel for severe wet conditions will apply from 1 July 2028.
3. Food packaging containing intentionally added ortho-phthalates is already banned as well.

[1] Vermont S.25 bill

[2] TÜV SÜD E-ssentials Volume 8, 2021

[3] California Bill No. AB 1817

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