On January 12, 2026, the New Jersey State Senate passed Bill S1221, officially titled the Protecting Against Forever Chemicals Act. The key provisions are summarized below:
I. Key Definitions
|
Term |
Definition |
|
PFAS |
Man-made chemical compounds that have multiple fluorine atoms bonded to a chain of carbon atoms |
|
Intentionally Added PFAS |
PFAS added to a product or intentionally used during the development of a product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. |
|
Cookware |
Durable household items that come into direct contact with food and require heating (e.g., pots, pans, baking tools), excluding products for commercial use only |
|
Food Packaging |
Non-durable packaging primarily made of paper, cardboard, or plant fibers, including takeout boxes, utensils, straws, etc. |
|
Cosmetics |
Products used for cleaning and beautifying the human body (excluding soap) |
|
Carpets |
Textiles used for floor covering |
|
Fabric Treatments |
Substances that impart properties like stain resistance or waterproofing to fabrics |
II. Main Prohibitions and Requirements
1. Product Sales Ban (Effective January 12, 2028)
Sales of products containing intentionally added PFAS are prohibited:
- Cosmetics: Completely banned.
- Carpets and Fabric Treatments: Sale of new products banned (second-hand products exempted).
- Food Packaging: Completely banned.
Exception Clause: All bans exempt "technically unavoidable trace residues," meaning trace PFAS from raw material impurities, manufacturing processes, storage, or packaging migration are not considered violations.
2. Cookware Labeling Requirements
- Cookware containing PFAS must disclose the presence of PFAS on the product label.
- A bilingual warning must be included: "This product contains PFAS" (in English and Spanish).
- Products sold online must display this information clearly.
- False claims (e.g., "PFAS-free") are prohibited.
Sales Conditions (Effective January 12, 2028):
- Sale of PFAS-containing cookware is conditional on manufacturers complying with labeling requirements.
Exemptions:
- Products containing PFAS only in electronic components or internal parts.
- Products with a label area smaller than 2 square inches and no outer packaging or hang tags.
- Products already compliant with other state or federal labeling requirements are deemed compliant.
PFAS Restrictions Across U.S. States
- California: Banned food packaging and children’s products with intentionally added PFAS (≥100 ppm) since 2023.
- New York: Prohibited PFAS in food packaging since December 31, 2022.
- Vermont (S.20): Firefighting foam banned since July 1, 2022; food packaging, carpets, rugs, and ski wax banned since 2023.
- Colorado (HB 22-1345): Phased PFAS bans from 2024–2027; food packaging ban effective January 1, 2024.
- Maryland: Statewide ban on intentionally added PFAS in products since 2024.
- Minnesota (HF 2310): PFAS prohibited in food packaging by 2025.
- Maine:
- 2023: Banned carpets, fabric treatments.
- 2026: Cleaning products, cookware, cosmetics.
- 2029: Artificial turf, outdoor apparel (exceptions require labeling).
- 2032: All products (exceptions for “unavoidable uses”).
- Connecticut: Comprehensive ban on 12 PFAS-containing product categories (e.g., apparel, cosmetics, textiles) by 2028.
- New Mexico:
- 2027: Cookware, food packaging, dental floss, children’s products, firefighting foam.
- 2028: Expanded to carpets, cleaning products, cosmetics, upholstered furniture, etc.
- 2032: Full ban unless exempted.
- New Hampshire: Effective 2027, prohibited the sale or promotion of PFAS-containing consumer products, including carpets, cosmetics, food packaging, infant products, upholstered furniture, and sports waxes (ski, boat, surfboard wax).
- New Jersey: Effective January 12, 2028, the sale of cosmetics, carpets and fabric treatments, and food packaging containing intentionally added PFAS (per- and polyfluoroalkyl substances) will be prohibited. Cookware containing PFAS must be clearly labeled on the product.
Further Information
