Washington, D.C. (July 19, 2024): On a recent SFIA Webinar, Navigating PFAS Regulations: Addressing Challenges and Consumer Concerns, legal and compliance experts Anne Marie Ellis, Shareholder, CA Chair Product Liability, Buchalter; Bailee Pelham, Associate, Buchalter; Sarahann Rackl, Ph.D., P.E, Principal Engineer, Exponent; and Sara Hearon, Ph.D., M.P.H., Senior Scientist, Exponent, shared the challenges presented by new PFAS regulations in the U.S. New York and California are leading the way on more expansive apparel PFAS content restrictions for products beginning in January of 2025, but Colorado, Connecticut, Maine, Maryland, Minnesota, and Vermont all have new PFAS restrictions going into effect in the next four years with other states are expected to follow suit.
One of the biggest concerns is claiming products to be “PFAS-free”. Companies need to exercise caution in marketing claims to avoid any investigations into compliance with the new laws. There have already been 75 filings under Proposition 65 for PFAS and similar chemical violations in California this year, and the new laws haven’t even gone into effect yet.
The PFAS webinar identified footwear and apparel as industry products with the greatest exposure, especially if they are waterproof, but PFAS compliance is not limited to footwear and apparel. Ski wax is a PFAS target in Colorado, Connecticut, Maine, and Minnesota. Retailers are looking at vendor agreements for ways to move liability to manufacturers. One issue of particular concern is false advertising claims, which are not typically covered by insurers in class action lawsuits.
The health threats related to PFAS continue to grow as does the list of “forever” chemicals subject to PFAS restrictions. Claiming products are “PFAS-free” requires proof of claim or companies can be subjected to additional scrutiny and fines. SFIA was pleased to present this timely webinar to help the industry understand the exposure and risks posed by PFAS, and the actions needed to comply with new laws. The PFAS Webinar, along with all SFIA webinars, was free to members. Members can access the webinar recording and slides by clicking here.
For more information, please contact Bill Sells, SFIA SVP for Government & Public Affairs, at [email protected].