CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: California consultation on listing treatments containing PFASs as priority products

NOVEMBER 2019 - HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

Recently, the California Department of Toxic Substances Control (DTSC) has launched a public consultation on the proposal¹ regulating treatments containing perfluoroalkyl or polyfluoroalkyl substances (PFASs) for use on converted textiles or leathers as Priority Products under the Safer Consumer Products (SCP) regulations². Public can submit their comment by 31 December 2019.

The DTSC has identified treatments³ for converted textiles or leathers as significant sources of human and ecological PFAS exposures. The authority also determined that treatments containing any member of the class of PFASs for use on converted textiles or leathers meet the key prioritization criteria for listing a Priority Product.

PFASs are a wide and varied group of chemicals used in many applications including in stain- and water-resistant fabrics and carpeting, cleaning products, paints, and fire-fighting foams. The widespread use of PFASs and their ability to remain intact in the environment can result in increasing levels of environmental contamination and adverse impact. The bioaccumulation of certain PFAS may also cause serious health conditions.

A Priority Product is a consumer product identified by DTSC that contains harmful chemicals. When a Priority Product is finalised, the responsible entities (manufacturers, importers, assemblers and retailers) will need to notify DTSC indicating the product they manufacture is a Priority Product and perform alternative analysis.

Currently, three types of products have been adopted as Priority Products⁴ under SCP regulations. These products include children's foam-padded sleeping products with TDCPP or TCEP, spray polyurethane foam with unreacted MDI and paint or varnish paint strippers containing methylene chloride.

[1] California DTSC proposal to regulate treatments containing PFASs for use on converted textiles as Priority Products

[2] Safer Consumer Products Program

[3] Product Chemical Profile for Treatments with PFASs

[4] Priority products