Oct 122021

California to Ban PFAS in Certain Consumer and Children’s Products

Samuel B. Boxerman and Allen S. Braddock
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On October 5, 2021, California Democratic Gov. Gavin Newsom signed A.B. 1200, which bans per- and polyfluoroalkyl substances (PFAS) in paper-based food packaging by January 1, 2023, while requiring cookware manufacturers to begin disclosing PFAS and other toxic chemicals used in their products by 2024. The bill also requires manufacturers to use “the least toxic alternative” when replacing PFAS in the food packaging.

The governor also signed California A.B. 652, which prohibits the use of PFAS in “[j]uvenile products,” such as infant carriers, infant seats, cribs, strollers, and any other “product designed for use by infants and children under 12 years of age,” starting on January 1, 2023.

California follows the lead of Connecticut, Maine, Minnesota, New York, Vermont, and Washington, which have all taken similar measures in regulating PFAS in consumer and children’s products in recent years. While many environmental groups celebrate the California governor’s actions, it remains to be seen if manufacturers affected by these bills will challenge their enactment.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Allen S. Braddock

abraddock@sidley.com

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