Federal Legislation Introduced to Create PFAS Cause of Action

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On December 11, 2025, Senator Kirsten Gillibrand (D-NY) and Representative Madeleine Dean (D-PA-4) introduced the PFAS Accountability Act of 2025 (S.3460/H.R.6626).  The legislation would establish a federal cause of action and allow courts to award medical monitoring for persons exposed to PFAS.

In a press release announcing the bill, Senator Gillibrand stated: “For years, companies have knowingly manufactured toxic, carcinogenic chemicals that have devastated families and communities.  Those companies must be held accountable for their actions.”

Versions of the PFAS Accountability Act have been introduced in every Congress since 2018.  The legislation has never passed either chamber, however.

Cause of Action

If enacted, the PFAS Accountability Act would add a new section to the Toxic Substances Control Act (TSCA) titled “Individuals Exposed to Perfluoroalkyl And Polyfluoroalkyl Substances.”  The amendment would allow individuals who have been “significantly exposed to PFAS,” or have “reasonable grounds” to suspect significant exposure, to bring suit individually or as a class in any district court.

Claims could be brought against any person that:

  1. Engaged in any portion of a manufacturing process that created the PFAS to which the individual was significantly exposed; and
  2. Foresaw, or reasonably should have foreseen, that the creation or use of PFAS would result in human exposure.

The bill establishes rebuttable presumptions of “significant exposure.” An individual would be presumed to have been significantly exposed if:

  • The PFAS at issue was released into one or more areas where the individual would have been exposed for a cumulative period of at least one year; or
  • The individual submits testing results demonstrating the presence of the PFAS in their body.

If plaintiffs do not submit test results, defendants could rebut the presumption of significant exposure by offering test results conducted by an independent testing provider.

Medical Monitoring

The legislation would authorize courts to award medical monitoring for qualifying claimants if:

  1. The individual’s significant PFAS exposure resulted in an increased risk of developing disease;
  2. That increased risk provides a reasonable basis for additional or more frequent medical examinations; and
  3. Those examinations are effective in detecting a disease associated with PFAS exposure.

Where insufficient toxicological data exists to determine whether exposure resulted in an increased risk of disease, courts “may lower the standard for scientific proof” until such data exists.  Courts would also have authority to order studies to assess whether an increased risk of disease occurred.

Definition of PFAS

Notably, the bill defines PFAS as “a perfluoroalkyl or polyfluoroalkyl substance with at least 1 fully fluorinated carbon atom,” which is significantly broader than the definition used by EPA in the TSCA section 8(a)(7) PFAS reporting rule and the 2024 significant new use rule (SNUR) for inactive PFAS.

More information on the PFAS Accountability Act of 2025 can be found here.

Connecticut Releases Approved PFAS Label Language

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On December 1, 2025, the commissioner of Connecticut’s Department of Energy & Environmental Protection (DEEP) issued an order approving the following phrases that satisfy the state’s PFAS labeling requirements.  The approved language includes:

  • Contains PFAS
  • Made with PFAS
  • Made with PFAS chemicals
  • Made with intentionally added PFAS
  • This product contains PFAS chemicals

Manufacturers or producers can petition DEEP to approve other words or symbols.  Petitions must be submitted via email to DEEP.PFASInProduct@ct.gov.  Emails should include the proposed words or symbols, as well as the petitioner’s name, title, email address, and telephone number.

The order states that DEEP will publish and maintain an updated list of all approved labeling language on its PFAS in Products website.

Labeling Requirements

Beginning July 1, 2026, no person may sell or distribute certain products in Connecticut that contain intentionally-added PFAS unless the products include the required labeling disclosures.  A complete list of covered product categories can be found in a previous post.

Labeling is the responsibility of the manufacturer unless the wholesaler or retailer agrees to accept responsibility for their application.  Labels must:

  • Be clearly visible prior to sale
  • Use words or symbols approved by DEEP
  • Be sufficiently durable to remain legible for the product’s useful life

If a covered product is incorporated as a component of another product, the final product containing the component must be labeled.

Connecticut is not the only state that will soon impose PFAS labeling requirements.  Effective January 1, 2027, New Mexico will require labeling on all products containing intentionally added PFAS that are sold or distributed in the state.  More information on New Mexico’s requirements can be found here.

Final PFAS Reporting Requirements Set in Minnesota

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On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) adopted a final rule governing manufacturer reporting on intentionally added PFAS in products, ahead of the July 1, 2026 deadline for initial submissions.  The rule outlines what manufacturers must report, how reports must be submitted, and the conditions under which waivers or extensions may be granted.

Initial Reporting Requirements

A manufacturer or group of manufacturers of new products sold or distributed in the Minnesota that contain intentionally added PFAS must submit an initial report to MPCA by July 1, 2026.  Each report must include:

  • A description of the product or a description of the category or type of product.
  • The PFAS chemicals used in the product or its components.
  • The concentration range of PFAS chemicals in a product or components of a product made up of homogenous material.
  • The function that each PFAS chemical provides to the product or its components.
  • Manufacturer information.
  • Contact information.

A flat $800 fee must accompany each initial report. Manufacturers may request trade secret protection for chemical identities, identifying numbers, and certain supply-chain information.  On its website, MPCA says that reported information that is not trade secret will be disclosed to the public.

All manufacturers must​ assume responsibility to report unless manufacturers in the same supply chain enter into an​ agreement to establish their respective reporting responsibilities.  To meet due diligence requirements, manufacturers must “request detailed disclosure of information…from their supply​ chain until all required information is known.”  Manufacturers must maintain documentation of all communication with other manufacturers regarding PFAS reporting compliance and reporting responsibility agreements and provide it to MPCA upon request.

MPCA may grant waiver requests for all or part of the required information upon request if substantially equivalent information is publicly available.  Extension requests must be submitted at least 30 days before the deadline.  Reports will be filed through MPCA’s PFAS Reporting and Information System for Manufacturers (PRISM), which MPCA plans to soft-launch to selected manufacturers this month and release in full in January 2026.

Changes from the Proposal

After two public comment periods and an administrative law judge’s review, the final rule incorporates several adjustments, including:

  • Clarifying that manufacturers must submit a single initial report, not individual reports for each product or component.
  • Reducing the reporting fee from $1,000 to $800, and clarifying that only one fee be submitted per initial report, rather than a fee for each reported product or component.
  • Removing language that would have allowed MPCA to deny a waiver request based on the burden of accessing publicly available information.
  • Limiting manufacturers to one extension of the reporting deadline.

The final rule also makes several key changes to subsequent reporting requirements after the initial report, including:

  • Requiring that manufacturers of new products containing intentionally added PFAS report by February 1 of the following year, rather than prior to sale or distribution in the state.
  • Removing the requirement that manufacturers annually recertify their report. Now, manufacturers must only submit an update by February 1 of the following year if a significant change was made to a product, new product information was provided to a manufacturer, or a new product was sold or distributed in the state during the previous year.
  • Removing the option for manufacturers to voluntarily update their report whenever a PFAS is reduced or eliminated from a product or component.
  • Eliminating the fee for annual updates.

The Minnesota Register notice for the rule, including MPCA’s explanation of changes, can be found here.

MPCA is in the process of developing a separate rule establishing a process for currently unavoidable use (CUU) determinations.  More information on Minnesota’s PFAS in products program can be found on the agency’s website.

Massachusetts Introduces Comprehensive Children’s Product Chemicals Regulation Bill

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On November 10, 2025, a Massachusetts state senator introduced a bill that would create an extensive regulatory program to restrict the use of chemicals of concern—including PFAS—in children’s products sold in the state.

If enacted, SB 2660 would prohibit the use of intentionally added PFAS in children’s products above a total organic fluorine threshold set by the Massachusetts Department of Environmental Protection (MassDEP).  It would also allow MassDEP to screen chemicals, identify priority substances, and require their disclosure and eventual substitution in children’s products.

Children’s products are broadly defined as items “intended, made or marketed for use by children 12 years of age or under,” including toys, clothing, cosmetics, and jewelry, with specific exemptions (e.g., electronics and bicycles).  The bill applies only to new products.  SB 2660 adopts a familiar definition of PFAS: “any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”

Regulatory Structure

SB 2660 would require that MassDEP create two primary public lists of chemicals:

  1. Chemicals of concern in children’s products
  2. High priority chemicals

The chemicals of concern list would include a broad set of chemicals that may pose hazards in children’s products. Listing would trigger manufacturer reporting.

The high priority chemicals list would be a narrower subset of chemicals of concern, elevated based on evidence of exposure or other regulatory triggers.  Placement on this list would initiate stronger obligations, including substitution and, eventually, sale prohibitions.

Chemicals of Concern List & Requirements

A chemical may be placed on the chemicals of concern list if it is identified as:

  • A carcinogen or mutagen
  • Persistent or bio-accumulative and toxic (PBT)
  • An endocrine disruptor
  • A reproductive or developmental toxicant
  • A neurotoxicant
  • A respiratory or skin sensitizer
  • Any other chemical of equivalent concern

Within 180 days of listing, and biennially thereafter, manufacturers of children’s products containing a chemical of concern above de minimis levels would be required to notify MassDEP.  Notifications would be made available to the public, and would be required to include:

  • Chemical name
  • Product description
  • Brand, model, and UPC (if applicable)
  • Chemical function in the product
  • Amount of the chemical (ranges permitted)
  • Company and contact information
High Priority Chemicals List & Requirements

MassDEP would be allowed to elevate a chemical of concern to the high priority list if:

  • The chemical or its metabolites are found in humans through biomonitoring
  • The chemical is detected in household dust, indoor air, drinking water, or other home environments
  • The chemical is shown to release from a product, leading to likely exposure to children
  • The chemical or products containing it are restricted in another state

Manufacturers of children’s products containing a high priority chemical would be required to notify downstream sellers within 180 days of listing.

Within three years of listing, high priority chemicals would be required to be removed or substituted in children’s products that are (1) mouthable, (2) personal care products or cosmetics, or (3) intended for children under three.

Within five years, high priority chemicals would be prohibited in all children’s products unless preempted by federal law or if MassDEP determines that a ban would pose an unreasonable risk to public health, safety, or welfare.

Chemical Substitutions

SB 2660 also authorizes MassDEP to publish a safer alternatives list.  Manufacturers would be freely allowed substitute high priority chemicals with listed safer alternatives.

If a manufacturer chooses a substitute not on the safer alternatives list, MassDEP approval would be required.  Manufacturers would be required to explain how the product is less hazardous, and MassDEP may require submission of a hazard assessment.

Manufacturers may not replace a high priority chemical with a chemical of concern.

Exceptions and Extensions

SB 2660 includes several provisions to ease compliance:

  • MassDEP may grant temporary or permanent waivers from substitution requirements if exposure is not reasonably anticipated.
  • Manufacturers with 25 or fewer employees may apply for a two-year extension to the deadlines resulting from high priority listing.
  • MassDEP may not impose a lower allowable level than a federal consumer product safety standard unless it completes a rulemaking.
  • Additional exemptions may be established by regulation.
Enforcement and Other Provisions

MassDEP would have authority to adopt rules, test children’s products, and impose civil penalties of $5,000 per violation (or up to $10,000 for repeat violations).

Every three years, MassDEP would be required to publish a report on toxic chemicals in children’s products, including reporting outcomes and policy recommendations.

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Verdant Law closely monitors state-level chemical regulatory bills like SB 2660, including the rapidly expanding wave of PFAS-focused legislation.  Our team is ready to help your company assess potential compliance obligations, stay ahead of emerging requirements, and prepare for potential impacts across product lines and supply chains.

Connecticut PFAS in Products Notifications and Labeling Requirements Will Take Effect in 2026

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Manufacturers of many products containing intentionally added PFAS will soon be required to add PFAS labels and notify Connecticut’s Department of Energy and Environmental Protection (DEEP) before they can be made or sold in the state—some of the first such requirements in the country.

Connecticut’s PFAS in products legislation, codified at Conn. Gen. Stat. § 22a-903c, will also prohibit the use of intentionally added PFAS in these products beginning in 2028.

Like many other states, Connecticut broadly defines PFAS as “all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”  However, Connecticut’s legislation does not allow for exclusions for currently unavoidable uses, which is typically included in state-level PFAS legislation.

Labeling and Disclosure Requirements

Beginning January 1, 2026, PFAS disclosure requirements apply to outdoor apparel for severe wet conditions and “turnout” gear, which is used for firefighting.  Outdoor apparel for severe wet conditions must be accompanied by a disclosure with the statement “Made with PFAS chemicals,” including for online listings.  For turnout gear, sellers must provide written notice to the purchaser at the time of sale that indicates that the gear includes intentionally added PFAS and the reason for its addition.

Beginning July 1, 2026, products containing intentionally added PFAS in the following product categories must be labeled, using words or symbols approved by DEEP, to indicate that PFAS is present in the product:

  • Apparel (excluding including outdoor apparel for severe wet conditions)
  • Carpets or rugs
  • Cleaning products
  • Cookware
  • Cosmetic products
  • Dental floss
  • Fabric treatments
  • Children’s products
  • Menstruation products
  • Textile furnishings
  • Ski wax
  • Upholstered furniture

DEEP has released a draft order that would approve the words “Contains PFAS” or “Made with PFAS” as acceptable label language.  Labels must be durable and clearly visible prior to sale.  Manufacturers are responsible for labeling unless a wholesaler or retailer agrees to assume that responsibility.

Unlike New Mexico’s PFAS labeling requirements, finalized by regulation last month and discussed in a previous post, Connecticut does not currently offer an option to comply by following another state’s labeling scheme.

Notification Requirements

Starting July 1, 2026, manufacturers may not manufacture, sell, offer for sale, or distribute in Connecticut any product containing intentionally added PFAS in the categories listed above unless they provide prior written notice to DEEP.

Each notification must include:

  • A brief description of the product, including the product category and the function of PFAS in the product
  • All relevant CAS numbers, or, if unavailable, the molecular formulas and weights for all intentionally added PFAS
  • For each product category:
    • The amount of each PFAS or subgroup
    • The range of PFAS present by percentage weight
    • If no analytical method exists, the amount of total fluorine present
    • The purpose for which the PFAS is used
    • The manufacturer’s name, address, and contact information

Manufacturers must update the notification whenever any information changes. They may also report by product category or type rather than for each individual product.

DEEP has released a draft notification form for manufacturers, available here.

Sales Prohibitions

Beginning January 1, 2028, Connecticut will prohibit the sale or distribution of products in the categories listed above—as well as outdoor apparel for severe wet conditions and turnout gear—if they contain intentionally added PFAS.

The only exception is for cosmetic products containing “unavoidable trace quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the manufacturing process, storage or migration from packaging.”

Onne prohibition is already in effect: fertilizers intended for land application or soil amendment that contain biosolids or wastewater sludge with PFAS may not be used or sold in Connecticut.

More on Connecticut’s actions to address PFAS in consumer products, food packaging, and food serviceware can be found on DEEP’s website.

Senate EPW Committee to Examine the Future of PFAS Cleanup and Disposal

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On November 19, 2025, at 10am, the Senate Committee on Environment and Public Works (EPW) will hold a hearing to “Examine the Future of PFAS Cleanup and Disposal Policy.”

The hearing will include the following panelists:

  • Eric Gerstenberg, Co-CEO of Clean Harbors, an environmental and industrial services company
  • Leah Pilconis, General Counsel of Associated General Contractors of America
  • Kate R. Bowers, Supervisory Attorney at the Congressional Research Service

Clean Harbors conducted a PFAS incineration study in 2024 in conjunction with EPA and the Defense Department (DOD).  According to EPA, the incinerator’s tested PFAS destruction and removal efficiencies “ranged from 99.95 to 99.9999 percent.”

The study followed procedures outlined in EPA’s 2024 interim guidance on PFAS destruction and disposal, discussed in a previous post.  EPA must update this guidance as necessary and at least every three years.  The forthcoming hearing is likely to shape the direction of those updates.

EPA Issues Proposed Rule Adding Significant PFAS Reporting Exemptions

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As anticipated, EPA has published a proposed rule that would introduce several significant exemptions to the one-time PFAS reporting requirements under the Toxic Substances Control Act (TSCA) PFAS reporting rule.

The proposal, published November 13, 2025, follows significant industry criticism of the 2023 rule’s expansive scope.  EPA first signaled that it was considering narrowing the rule’s requirements in May of this year, when the agency delayed its implementation for the second time.

“The proposed changes to improve reporting regulations will support [EPA] Administrator [Lee] Zeldin’s ‘Powering the Great American Comeback’ initiative by reducing regulatory reporting burdens and providing greater regulatory certainty to industry, resulting in a net reduction in cost while ensuring that EPA receives the PFAS data that are most relevant to the agency,” the agency said in a press release accompanying the proposed rule.

What are the Proposed Exemptions?

EPA proposes to exempt the following categories from the PFAS reporting requirements:

  • PFAS manufactured (including imported) in mixtures or products at concentrations of 0.1% or lower
  • Imported articles
  • Byproducts not used for commercial purposes
  • Impurities
  • Research and development chemicals
  • Non-isolated intermediates

These exemptions are similar to those under the TSCA Chemical Data Reporting (CDR) rule, with the addition of the 0.1% de minimis exemption.

EPA is also proposing to eliminate the streamlined reporting form for article importers and R&D manufacturers because those entities would now be fully exempt under the proposed rule.  For the same reason, EPA would remove the alternative reporting deadline for small manufacturers that would exclusively report as article importers.

Changes to the Submission Period

EPA’s proposal would likely delay the start of the reporting period once again.  The current opening date is April 13, 2026, but under the proposed rule, the reporting window would begin 60 days after the final rule’s effective date.

If EPA issues a final rule in June 2026—as indicated by the Spring 2025 Unified Agenda—and the rule takes effect 30 days after publication, the reporting period would open in September 2026.  However, because the proposal was released a month earlier than the Unified Agenda projected, EPA may also finalize the rule ahead of schedule, potentially resulting in an earlier start date.

The proposal would also shorten the reporting window from six months to three months, with EPA claiming that submitters “have had adequate time to consider how they intend to comply with the rule.”

Statutory Basis

In the proposed rule, EPA argues that the exemptions would better align the regulation with TSCA section 8, which directs EPA to avoid duplicative reporting, minimize compliance costs on small manufacturers, and limit reporting obligations to persons likely to have relevant information.

EPA also cites TSCA section 2(c), which requires that EPA carry out the statute “in a reasonable and prudent manner” and to “consider the environmental, economic, and social impact of any action.”

At the same time, EPA notes that it may in the future determine that certain currently exempted information “is necessary to support particular regulatory actions.”

Comments on the proposed rule are due December 29, 2025.  More on the TSCA PFAS reporting rule can be found in our archive.

PFAS Reporting Rule Update: OMB Clears Path for EPA to Ease Requirements

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EPA is a step closer to easing PFAS reporting requirements for manufacturers and importers after the Office of Management and Budget (OMB) completed its review of a proposed rule on October 24, 2025, that is likely to introduce exemptions.

Background: The Current PFAS Reporting Rule

The Toxic Substances Control Act (TSCA) section 8(a)(7) PFAS reporting rule, finalized in 2023, requires entities that manufactured or imported PFAS in any year from 2011–2022 to report extensive data to EPA.  Unlike other TSCA reporting obligations, the rule does not exempt articles, de minimis quantities, byproducts, or impurities—drawing criticism from industry groups, who argue that its broad scope is both unnecessary and overly burdensome.

As discussed in a previous post, the rule’s original 2024 reporting deadline has already been delayed twice to 2026 because of technical difficulties.  However, in the most recent postponement, EPA signaled that it was considering reopening elements of the rule to align with the Trump administration’s deregulatory agenda.  On August 29, 2025, it submitted the proposal to OMB for regulatory review.

What’s Next

According to the Spring 2025 Unified Agenda, the rulemaking will incorporate “certain exemptions and other modifications to the scope of the reporting rule.”  The proposed rule is expected in December 2025, and EPA plans to finalize the rulemaking in June 2026.

More on the PFAS reporting rule’s requirements can be found in a previous post.

Reminder: Upcoming New York Carpet EPR Deadlines

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New York’s carpet extended producer responsibility (EPR) law will soon take effect, with important deadlines on the horizon for producers.  As discussed in a previous post, the law requires manufacturers to fund and manage the collection and recycling of post-consumer carpet sold in the state, while also phasing in recycled content minimums and a prohibition of PFAS in carpet products.  Oversight and enforcement will be carried out by the New York State Department of Environmental Conservation (NYSDEC).

Here are the key deadlines producers should keep in mind:

  • Dec 31, 2025: Producer or representative organization plans due to NYSDEC (date set via 2023 chapter amendment).
  • July 1, 2026: Cannot sell carpet in NY unless participating in an approved plan; collection and recycling program begins.
  • Dec 31, 2026: PFAS-containing carpet ban takes effect.

Producers can find additional details on program implementation on NYSDEC’s Carpet Recycling page.  Specific information on the PFAS prohibition can be found in a previous post.

Lawsuit Challenges “Organic” Claims on PFAS-Containing Soil Products

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A proposed class action lawsuit in California federal court targets Kellogg Supply Inc., arguing that the soil and fertilizer company falsely represents products as “organic” despite containing PFAS such as PFOA and PFOS.

According to the October 29, 2025, complaint, multiple organic-labeled Kellogg products contained levels of specific PFAS that exceed EPA screening thresholds.  Under EPA guidance, these levels “could trigger further action or study under [the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)].”

The plaintiffs contend that “PFAS do not fall within any definition of organic.”  Kellogg’s use of organic labeling “induce[s] consumers into believing that the Products contain only naturally occurring, non-synthetic ingredients and are therefore a superior alternative to competing—and less expensive—products that are not labeled as organic,” the lawsuit states.

While Kellogg’s packaging displays a certification logo from OMRI, a third-party organic certifier, the plaintiffs allege this certification contradicts OMRI’s own standards.  According to the complaint, the certification was granted only because “OMRI does not test for PFAS as part of their process.”

The complaint addresses a common weakness in similar litigation by specifying that the plaintiffs’ own purchased products were among those tested and that proper chain-of-custody procedures were followed.  Judges in other cases have dismissed claims due to inadequate connections between products purchased and laboratory samples.

The lawsuit seeks to represent consumers in California and New York under those states’ consumer protection and false advertising laws.

The case is Valdez v. Kellogg Supply, Inc., No. 25-cv-02917 (S.D. Cal.), filed 10/29/2025.