California Passes AB-1817 and AB-2771 to Restrict PFAS in Textiles and Cosmetics

On 29 September 2022 California signed AB-1817 into law, prohibiting the distribution of new textile articles that contain regulated per- and polyfluoroalkyl substances (PFAS). AB-2771 also was enacted to broaden the scope of PFAS prohibited in cosmetics. PFAS restrictions in both laws are effective beginning 1 January 2025.

3E Review 

PFAS include the broad class of organic chemicals containing at least one fully fluorinated carbon atom. California has previously passed laws that phase out the use of PFAS in food packaging, children’s products, cosmetics, and firefighting foams. California is also evaluating PFAS in carpets, rugs, and converted textiles or leathers in its Safer Consumer Products Program.

The new AB-1817 law prohibits the sale and distribution of new, not previously owned, textile articles that contain regulated PFAS, requires that the least toxic PFAS replacement is used in the product, and requires suppliers to provide retailers with a certificate of compliance for covered textile products. According to AB-1817, regulated PFAS are those that have been intentionally added to a product, including PFAS breakdown products of intentionally added chemicals. They also consist of the presence of PFAS as measured by total organic fluorine of 100 ppm by 1 January 2025 and 50 ppm by 1 January 2027.

Personal protective equipment containing PFAS and products currently covered under the Safer Consumer Products regulations and several other product types are excluded. The prohibition of PFAS in outdoor apparel for severe wet-weather conditions doesn’t take effect until 1 January 2028.

AB-2771 expands the scope of PFAS chemicals prohibited in cosmetics from a narrow list of PFAS chemicals to the broader class of organic chemicals containing at least one fully fluorinated carbon atom.

3E Analysis

Companies supplying cosmetic and textile products in California should continue to ensure they have identified possible sources of PFAS in covered products and are prepared to certify compliance with the prohibitions before the 1 January 2025 deadlines.