New Jersey Introduces “Protecting Against Microplastics Act”
A New Jersey lawmaker has introduced legislation to prohibit the sale or distribution of certain products containing microplastics and require product labeling in the interim.
The “Protecting Against Microplastics Act,” Assembly Bill 5452, was introduced September 14, 2026. Importantly, the bill’s labeling requirements and prohibition would reach beyond products with intentionally added microplastics—they would also apply to products that have the potential to generate synthetic polymer microparticles or other secondary microplastics.
The labeling requirements would apply to four product categories: cleaning products, cosmetics, foodware, and potentially ingestible products. The sales prohibition would apply to the same products, except foodware.
The bill defines “microplastic” as “a material, five millimeters or less in diameter, composed of synthetic polymers and chemical additives, that has been added to a product over the course of the manufacturing or industrial process.”
“Potentially ingestible product” includes “any product which is edible, designed to be applied to the facial area, or capable of being swallowed or inhaled.” The bill lists chewing gum, tea bags, coffee grounds, talcum powder, and pet food as examples.
Phased Rollout
The bill’s requirements would take effect in three phases.
One year after enactment: Manufacturers of covered products sold in the state must disclose, on an exterior product label, the presence of intentionally added microplastics or the potential to generate secondary microplastics.
Two years after enactment: Manufacturers of products that contain intentionally added microplastics, or that could generate synthetic polymer microparticles or other secondary microplastics, must include the statement “This product contains microplastics” in both English and Spanish. The statement must appear on the product handle or on any surface that contacts food or beverages, and in online product listings. Manufacturers also could not claim a product is “free of microplastics” if microplastics were intentionally added.
The labeling requirement would not apply if microplastics are present only in electronic or internal components. It would also not apply to products that are too small to fit a two-square-inch label and have no exterior container, wrapper, or attached tag. A product that already carries a microplastics label under another state or federal law would be deemed compliant.
Three years after enactment: Selling, offering for sale, or distributing for sale any cleaning, cosmetic, or potentially ingestible product would be prohibited if it contains intentionally added microplastics or could generate synthetic polymer microparticles or other secondary microplastics. Technically unavoidable trace quantities would not trigger a violation.
Notably, the bill’s accompanying Statement describes only the second-year labeling requirement and does not mention the first-year disclosure, which overlaps with it.
Enforcement and Funding
The Division of Consumer Affairs could audit manufacturers and impose civil administrative penalties of $1,000 to $20,000 per violation, with each day of a continuing violation counted separately.
The bill appropriates $3 million: $2.5 million to the Department of Environmental Protection for a source reduction program and microplastics research and monitoring, and $500,000 to the Department of Law and Public Safety for enforcement.
What to Watch
The bill’s definition of microplastics resembles the one in California’s microplastics candidate chemicals listing, which covers plastics less than five millimeters in their longest dimension. By contrast, Rhode Island legislation introduced earlier this year used a definition closer to the European Union’s. That bill died in committee.
State-level microplastics regulation is still in its infancy, and it remains unclear which definition states will ultimately adopt.
The bill has been referred to the Assembly Environment and Solid Waste Committee.
