The Couture Contaminant: State Efforts to Regulate PFAS
Meg Termat
Nov 26, 2024
4 min read
Updated: May 8
The fashion industry is abuzz with PFAS. In recent years, the industry has faced growing scrutiny over its environmental impact, and the focus now is per- and polyfluoroalkyl substances (PFAS).[1] Often referred to as “forever chemicals,” PFAS are a group of synthetic compounds that do not degrade in the body or the environment, which presents both health and environmental problems.[2] The presence of these chemicals in products increases the risk of certain cancers, liver damage, thyroid disease, and fertility issues.[3] In the environment, PFAS contaminate water sources and soil.[4] Until recent regulation, PFAS were used in many products due to the properties they can provide.[5] For example, in cookware, these compounds make pots and pans non-stick.[6] PFAS are also used to make fabrics waterproof, so they are often found in boots or rain jackets.[7] In cosmetics, PFAS can give the skin and hair a smooth or shiny look.[8]
As of February 2024, the FDA banned the sale of food products containing PFAS in the US.[9] The EPA finalized a drinking water regulation that became effective in November 2024 for water contaminated by PFAS.[10] Some states have taken legislative action to remove PFAS-containing products from the stream of commerce.[11] Both New York and California have passed laws banning the sale and distribution of certain products containing PFAS starting on January 1, 2025.[12] Products covered by the law and therefore banned for sale include regularly worn clothing items, including shirts, pants, dresses, shoes, hats, coats, and other similar garments.[13] California’s law expands the covered products to include non-wearable items such as upholstery, handbags, and backpacks.[14] The law applies only to PFAS that were “intentionally added” to products to achieve a desired result, such as waterproof fabric or shiny hair.[15] Manufacturers must certify that products do not contain intentionally added PFAS for a company to lawfully sell the product in New York or California.[16]
With quickly approaching effective dates, fashion companies are working to remove these products from their stores.[17] Although companies can continue offering these products in other states, they are prohibited from selling or distributing them in New York or California.[18] Shipping an item from another store to a New York or California resident’s home would violate the law.[19] As a result, residents of those states would need to travel to another state if they are in search of that particular PFAS-containing puffer coat. To swap rather than scrap their inventory, fashion companies and manufacturers should research less harmful alternatives for the properties PFAS provides without the health and environmental harm.[20] This proactive approach not only ensures compliance with state regulations—especially as other states’ PFAS laws come into effect—but also supports the industry's shift toward more sustainable and safer product offerings for consumers.[21] These adjustments to the supply chain will require brands to seek out different suppliers or change their own manufacturing practices.[22] However, brands will benefit from the growing consumer demand for sustainability, especially among younger generations, who increasingly prioritize environmentally responsible products and are more likely to support brands that align with their values.[23]
[10]See Press Release, EPA, supra note 2; 89 Fed. Reg. 72,336 (Sept. 5, 2024) (to be codified at 40 C.F.R. pt. 705).
[11] For more information about state laws regarding PFAS, see infra notes 12–16 and accompanying text.
[12]See N.Y. Env’t Conserv. Law § 37-0121 (McKinney 2023); see also Cal. Health & Safety Code § 108971 (West 2023). The laws do not apply to apparel for “severe wet conditions” until January 1, 2028. Env’t Conserv. Law § 37-0121(3); Health & Safety § 108971(a)(2).
[13]See Env’t Conserv. Law § 37-0121; see also Health & Safety §§ 108970–71.
