Senate Bill Targets Toxic Substances in Single-Use Beverage Bottles
On September 24, 2026, Senator Peter Welch (D-VT) introduced S. 5525, the Banning Toxics from Plastic Bottles Act of 2026. If enacted, the bill would prohibit retailers from selling or distributing certain single-use beverage containers based on their plastic composition, coloration, or toxic substance content, including PFAS.
Prohibition
Section 3 of the bill, titled “Elimination of toxic substances and other substances that prevent recyclability in beverage containers,” would prohibit retailers, beginning two years after enactment, from selling, offering for sale, or distributing any single-use beverage container that:
- Is composed wholly or partially of polyethylene terephthalate glycol (PETG);
- Is opaque or pigmented a color other than transparent blue or transparent green;
- Contains polyethylene glycol (PEG); or
- Contains a “toxic substance.”
The prohibition is not limited to substances that are intentionally added.
Definition of “Toxic Substance”
The bill defines a toxic substance as any substance, mixture, or compound that may cause personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface, or that may adversely impact the environment. The substance must also satisfy at least one of the five conditions set forth in Section 2(9)(B):
- Federal Reporting Requirements: The substance is subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Section 112(r) of the Clean Air Act (CAA).
- Health Hazards: Specified federal agencies—including EPA, OSHA, the CDC, and NIOSH—have established that the substance poses an acute or chronic health hazard, including developmental, reproductive, or endocrine effects.
- Latent Disease: EPA or NIOSH has recognized that the substance may increase the risk of developing a latent disease.
- Specified Chemicals and Classifications: The substance falls within certain chemical classes, including PFAS, orthophthalates, certain bisphenol compounds, halogenated or nanoscale flame retardants, UV-328, or chlorinated paraffins. This condition also includes substances designated under specified international conventions or carcinogenicity classifications.
- Other Identified Hazards: EPA determines that a federal, state, or international intergovernmental agency has identified the substance or chemical class as posing specified health or environmental hazards, including carcinogenicity, reproductive or developmental toxicity, persistence and bioaccumulation, or adverse impacts on air, soil, or water quality.
Notably, the bill does not define PFAS.
Penalties
Violations would be subject to fines of up to $50,000 per violation. Each product line of beverage containers would constitute a separate violation. Penalties collected under this provision would be deposited into a Local Clean Up of Plastics Fund, which would provide grants to local governments for solid waste and water system infrastructure improvements.
Status
The bill has been referred to the Senate Committee on Commerce, Science, and Transportation. Senator Welch introduced similar legislation last Congress, which did not advance out of committee.
Sens. Merkley (D-OR), Booker (D-NJ), Van Hollen (D-MD), and Sanders (I-VT) are original cosponsors.
