New Mexico to Hold Webinar on PFAS Labeling on September 25

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On September 25, 2025, the New Mexico Environment Department (NMED) will hold an informational webinar on product labelling requirements for PFAS at 1pm MT (3pm ET).  To register, email NMED-PFAS@env.nm.gov.

Under HB212, enacted in April 2025, NMED is authorized to adopt rules requiring that manufacturers label products containing PFAS.  Earlier this month, New Mexico’s Environmental Secretary reportedly told lawmakers that NMED would soon release draft regulations to implement HB 212, including labeling requirements.

PFAS Restrictions and Reporting Under HB 212
  • Labeling authority: NMED may require PFAS labeling.
  • Phased bans: Restrictions on intentionally added PFAS begin in 2027, expand to more product types in 2028, and culminate in a ban on most products in 2032. Exemptions apply for certain products, such as medical devices, and for uses designated by NMED as “currently unavoidable.”
  • Reporting requirement: By January 1, 2027, manufacturers must report information on intentionally added PFAS, including purpose of use and amount (by CASRN).

More details are available on NMED’s PFAS webpage.

California Legislature Moves to Ban PFAS in Many Consumer Products

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On September 12, 2025, California’s Assembly and Senate approved SB 682, a bill imposing sweeping prohibitions on the use of intentionally added PFAS in a wide range of consumer products.  The legislation now heads to Governor Gavin Newsom for consideration.

As reported in a previous post, SB 682 would prohibit the distribution, sale, or offering for sale of cleaning products, dental floss, juvenile products, food packaging, and ski wax with intentionally added PFAS starting in 2028, and cookware beginning in 2030.

Since that earlier update, lawmakers amended the bill to exempt certain components of cleaning products until 2031.  The final version also clarifies that, beginning in 2028, cleaning products must comply with California Air Resources Board volatile organic compound (VOC) regulations without reliance on regulatory variances.

Governor Newsom has until October 12, 2025, to act on the bill.

California Legislature Advances Bill to Expand PFAS Product Prohibitions

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California has taken another significant step towards restricting the use of PFAS in consumer products with the advancement of SB 682, a bill that would add several new product-category PFAS bans beginning in 2028.  SB 682 has already passed the state Senate and is pending in committee in the Assembly.

What Products Would be Affected by SB 682?

Starting in 2028, SB 682 would prohibit the sale of products with intentionally added PFAS for the following product categories:

  • Cleaning products;
  • Dental floss;
  • Juvenile products;
  • Food packaging; and
  • Ski wax.

Starting in 2030, SB 682 would also prohibit the sale of cookware containing intentionally added PFAS.  Used products are exempt from the scope of the bill.

Existing Restrictions

SB 682 would not be the first California law to address the use of PFAS in the above product categories.  Since 2023, the state has prohibited the sale of plant fiber–based food packaging containing intentionally added PFAS, and beginning in 2024, cookware manufacturers have been required to disclose PFAS use on food contact surfaces.

California also enacted a ban on intentionally added PFAS in certain juvenile products in 2023.  SB 682 would broaden that restriction, extending it to any “product designed for use by infants and children under 12 years of age,” with limited exceptions.

Looking Ahead

If enacted, SB 682 would be California’s most far-reaching PFAS law to date, and its full Democratic support among voting senators signals a strong likelihood of passage in the Assembly.  Given California’s outsized market influence, the bill could also have spillover effects beyond state borders, encouraging broader adoption of PFAS-free product formulations.

Irene Hantman to Present at Chemical Watch Summit in September

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Verdant Law is pleased to announce that Irene Hantman will present on litigation over green marketing claims at Chemical Watch’s Regulatory Summit North America 2025.

Ms. Hantman’s September 18 presentation will cover noteworthy recent cases, including suits against manufacturers of everyday consumer products over alleged PFAS content.  The presentation will also discuss possible impacts from state-level PFAS disclosure laws, which may lead to a floodgate of new lawsuits.

Following the 3:05pm presentation, Ms. Hantman will be joined by other experts for a Q&A session.

The Regulatory Summit will be held in Alexandria, Virginia, from September 15–18.  Virtual attendance options are available.

PFAS Phaseouts Pose National Security Risk, Pentagon Says

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In a new report to Congress, the Defense Department (DOD) is warning that mounting regulatory pressure on PFAS and a “dwindling number of domestic PFAS manufacturers” pose a growing threat to national security.

“An increasing number of mission critical PFAS and PFAS-enabled products are at risk for obsolescence due to market phase outs; manufacturer liability; complex geopolitical escalation dynamics; and  regulatory complexity, uncertainty, and inconsistency,” the July 17 report states.

“The rate of obsolescence of existing chemicals is outpacing the defense sectors and other private industries’ abilities to research, develop, test, evaluate, and adopt new chemical technologies, resulting in disruption to existing capabilities and/or sourcing from foreign entities of concern,” it adds.

The report sets out a strategy for DOD to invest in the development of PFAS alternatives, which will begin with the prioritization of critical uses.  The department will simultaneously engage with regulators and industry to ensure the “continued domestic availability of PFAS critical for defense over the next 10 years or longer.”  According the report, phasing out PFAS from materials like semiconductors could take as long as 25 years.

DOD also argues against the use of “broad” structure-based definitions of PFAS, which “do not inform whether a substance is harmful.”  A risk-based approach incorporating “chemical/physical properties and exposure properties should be considered,” the report states.

Congress requested the report in the FY 2024 defense appropriations bill.  It builds on an earlier 2023 report which focused on the five sectors with “supply chain vulnerabilities posing the most pressing threats to national security”: kinetic capabilities, energy storage and batteries, microelectronics and semiconductors, castings and forgings, and strategic and critical minerals.

EPA Again Delays PFAS Reporting Rule

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On May 13, 2025, EPA issued an interim final rule delaying implementation of the PFAS reporting requirements under the Toxic Substances Control Act (TSCA), citing technical difficulties.

The submission period is now scheduled to begin on April 13, 2026, instead of July 11, 2025.  It will close on October 13, 2026, with an alternate deadline of April 13, 2027, for small manufacturers reporting exclusively as article importers.

The rule states that the delay will “ensure that the project team has adequate time to complete development and testing” of the Central Data Exchange (CDX) reporting tool.  EPA also notes that it will give the agency time to consider reopening elements of the PFAS reporting rule in light of Executive Order 14192: Unleashing Prosperity Through Deregulation, issued by the Trump administration.

This is the second delay to the rule’s implementation.  In September 2024, EPA postponed the original November 2024 start date, also citing incomplete software development.  At the time, the agency attributed the delay to reduced funding.

Congress has since appropriated additional funds for TSCA’s information technology infrastructure in the FY2025 Continuing Resolution, passed just two days before EPA issued the May 13 rule.

Once implemented, the PFAS reporting rule will require all persons who manufactured or imported PFAS for commercial purposes from 2011–2022 to report information to EPA.  More on its requirements can be found here.

Apple Moves to Dismiss Watch Band PFAS Suit

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A proposed class action alleging that Apple Watch bands contain PFAS should be dismissed for lack of standing, Apple told the District Court for the Northern District of California on April 14, 2025.

The plaintiffs in Cavalier v. Apple, Inc., No. 5:25-cv-713, claim that a published study detected PFHxA (a type of PFAS) and “significantly elevated levels of fluorine” in Apple Watch bands, despite Apple’s “health and environmental promises to the contrary.”  The complaint alleges violations of California’s unfair competition law and false advertising law, as well as various fraud claims.

In its motion to dismiss, Apple argues that the plaintiffs failed to link the study results—which were anonymized—to specific Apple products.  “The [study] does not show that Apple Watch bands contain PFAS generally, nor that the particular Watch bands purchased by Plaintiffs contain PFAS,” the motion states, alleging that the complaint fails to plead an injury in fact.

Apple also objects to the plaintiffs’ characterization of PFHxA as “a dangerous form of PFAS that pose significant harms to people and the environment.”  Apple argues that the plaintiffs “provide no evidence” that PFHxA in particular has adverse health effects, and contends that they attempt to “blur the distinctions among PFAS chemicals and create a toxic scare where none exists.”

In addition, Apple argues that its advertising claims—which include statements like “[t]he ultimate device for a healthy life”—are vague and nonspecific and cannot serve as the basis for the plaintiffs’ fraud claims.

The suit is one of several recent cases targeting consumer products alleged to contain PFAS, as plaintiffs increase scrutiny of so-called “forever chemicals” in everyday items.  A hearing on the motion to dismiss is scheduled for July 31, 2025.

EPA Issues Test Order for PFAS 6:2 FTAc

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On October 9, 2024, EPA issued a test order under the Toxic Substances Control Act (TSCA) for the PFAS chemical 6:2 FTAc (CASRN 17527-29-6).  The order is the fifth issued under EPA’s National PFAS Testing Strategy, which was launched in 2021.

The order employs a tiered testing approach, as required by TSCA.  Studies on 6:2 FTAc’s physical and chemical properties and environmental fate and behavior will inform future testing on oral and inhalation health effects, reproductive and developmental toxicity, and bioaccumulation in fish.  The earliest test is due 255 days after the order took effect October 13, with most initial testing due within one year.

Depending on the results of hydrolysis testing, the companies subject to the order— Innovative Chemical Technologies, Chemours, Daikin America, Inc., Sumitomo Corp. of Americas, and Du Pont de Nemours and Co.—will also be required to conduct in vitro assays to assess skin absorption, genotoxicity, and/or mutagenicity.

According to an EPA press release, summaries of studies indicate 6:2 FTAc can “cause changes in blood cell counts, liver and kidney size, and animal behavior” in rodents.  However, EPA was unable to obtain the underlying data for these summaries and therefore determined that they did not meet the order’s data needs.

EPA also noted that 6:2 FTAc’s chemical structure “suggests that it may cause cancer.”  Like previous PFAS test orders, the agency plans to use the collected data to learn more about the potential human health effects of other structurally similar PFAS.

The order is the first issued since the D.C. Circuit’s July ruling in Vinyl Institute v. EPA, which vacated a test order due to insufficient justification in the public record.  The test order does not reference the case, which was discussed in a previous blog post.

6:2 FTAc is used to manufacture textiles, apparel, leather, and other basic organic chemicals.  Chemical Data Reporting indicates that 1–20 million pounds of 6:2 FTAc are manufactured annually.

EPA Proposes Adding Over 100 PFAS to TRI List

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Significantly more PFAS substances would be subject to Toxic Release Inventory (TRI) reporting under a proposed rule published by EPA on October 8, 2024.  The proposed rule would add 16 individual PFAS and 15 PFAS categories to the TRI list, which currently contains 196 PFAS.

The proposed additions would be made due to their potential human health effects, environmental effects, or both.  According to EPA, the 15 proposed category additions encompass over 100 individual PFAS.

The added PFAS would be subject to a reporting threshold of 100 pounds.  The manufacture, processing, and otherwise use of substances within a PFAS category would cumulatively count towards that category’s 100-pound threshold.

EPA is also proposing to add the proposed PFAS to the list of chemicals of special concern, which would make them ineligible for the de minimis exemption.  Under the de minimis exemption, facilities can disregard small concentrations of TRI chemicals in mixtures and trade name products when making threshold determinations.

EPA previously designated existing PFAS on the TRI list as chemicals of special concern in October 2023.  In that rulemaking, EPA argued that the move would “result in a more complete picture of the releases and waste management quantities for PFAS.”

The FY 2020 National Defense Authorization Act (NDAA) instructed EPA to add certain PFAS to the TRI list with a 100-pound reporting threshold.  “Congress’ use of this low reporting threshold demonstrates a concern for even relatively small quantities of these PFAS,” EPA said.

EPA was required to evaluate some of the proposed PFAS additions for possible inclusion by section 7321 of the NDAA.  However, the NDAA did not specify what the threshold should be for those additions.  In the proposed rule, EPA defended its proposed 100-pound threshold, saying that it would “maintain consistency for all chemicals added to TRI pursuant to the NDAA.”

The NDAA also instructs EPA to add PFAS automatically when certain conditions are met.  In the proposed rule, EPA clarified its interpretation of those conditions, which include when EPA “finalizes a toxicity value” for a PFAS.

Finally, EPA is proposing that it add related PFAS (like an acid and its associated salts) under the NDAA as a category going forward. The proposed rule would also consolidate certain existing individual PFAS on the list into categories.

Comments on the proposed rule are due November 7, 2024.

Maine Releases Draft Language Clarifying Proposals for Currently Unavoidable PFAS

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This August, the Maine Department of Environmental Protection (DEP) released draft language to implement April 2024 amendments to Maine’s PFAS in products legislation.  The draft language was described by DEP as an “initial, informal outreach process” with the goal of initiating rulemaking this fall.

Under Maine’s PFAS in Products law, DEP has broad authority to determine whether PFAS uses are “currently unavoidable.”  Currently unavoidable uses (CUUs) will be granted a five-year exemption to the amended statute’s incremental sales prohibitions for products containing intentionally added PFAS.

Tight timelines

Under the draft language, CUU proposals would only be accepted 18–36 months prior to the applicable sales prohibition or 12–24 months prior to the expiration of an existing CUU determination.  However, sales prohibitions for cleaning products, cookware, cosmetics, and other products containing intentionally added PFAS take effect in less than 18 months (January 1, 2026).  In an October 1 email, DEP stated that they “recognize the tight timeline with the new statutory prohibitions starting in 2026 and are making efforts to streamline the process as much as possible.”

DEP solicited currently unavoidable use proposals for the 2026 prohibitions earlier this year, before the April amendments forced the department to redraft its rulemaking.  In the email, DEP clarified that they are “still considering” whether they will be able to utilize some of the previously submitted information and that “manufacturers may need to resubmit information” to meet the requirements of the eventual final rule.

Proposal requirements

According to the draft language, proposals for CUU determinations could be submitted by manufacturers individually or collectively.  A separate proposal would be required for each combination of product category and industrial sector.  As part of the proposal, manufacturers would be required to include:

  • An explanation of why use of PFAS in the product is “essential for health, safety or the functioning of society” and “essential to the function of the product”;
  • A description of whether alternatives to the use of PFAS are reasonably available;
  • Information on whether and how other states have regulated the use of PFAS in the product; and
  • Known or reasonably ascertainable information on the product’s health and environmental impacts.

The draft language “strongly recommends that all proposals for currently unavoidable use determinations do not contain claims of confidentiality” because “the Department may determine that there is insufficient publicly available information to justify a rulemaking.”

Other provisions of the draft rulemaking, including the notification requirements for manufacturers of products covered by a currently unavoidable use determination, largely mirror the requirements of the amended statute.  More information on the April 2024 amendments can be found in a previous blog post.