WEBVTT

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What do shifting state PFAS regulations mean

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for consumer products companies?

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PFAS are a group of over
15,000 chemicals

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and have been used in a wide range
of everyday consumer products,

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from waterproof clothing to cookware,

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and expanding state regulations are creating cost, complexity,

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and uncertainty for companies.

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States regulate PFAS in
drinking water,

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site remediation,
and even air emissions,

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but the consumer product space
has moved the fastest.

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State consumer product PFAS laws fall into three categories:

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reporting, labeling, and outright bans
on intentionally added PFAS.

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Reporting laws, in states
like Minnesota,

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require companies to
identify and report

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intentionally added PFAS
in their products.

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Some states,
like New Mexico,

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require consumer-facing labels

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that disclose when
products contain PFAS.

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Finally, outright bans
target specific industries,

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like juvenile products,
food packaging, and textiles.

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But by 2032,
at least three states will ban

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intentionally added PFAS
in all consumer products,

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unless a company can prove
the use is currently unavoidable.

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Agency enforcement is ramping up,

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but private plaintiffs are bringing consumer protection claims

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and creating parallel risk
for regulated industries.

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Reporting laws will also give plaintiffs
access to detailed information

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about companies’ use of PFAS,

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which could provide a roadmap
for future claims,

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especially as consumers
start seeing PFAS labels

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on the products that they buy.

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Companies should start by
mapping where PFAS sits

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within their value chain,

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their manufacturing process,
and their products,

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so that they have a strong
foundation to compare

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against the current regulatory environment,

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and from there, develop
a proactive compliance strategy.

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Our multidisciplinary teams
advise companies on

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how to comprehensively address
the dynamic PFAS

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regulatory, enforcement,
and litigation landscape.

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I’m Tom Lee,

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a partner in Latham’s Environment, Land & Resources practice.

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I’ve spent nearly a decade helping
companies navigate PFAS regulation,

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from supply chain compliance
and high-stakes transactions,

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to enforcement and
consumer protection claims.