New Jersey to Ban PFAS Starting 2028, Affecting Multiple Products Including Cosmetics and Food Packaging

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, and straws.
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.

Exemption 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 has been banned since July 1, 2022; food packaging, carpets, rugs, and ski wax have been 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.

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