New Jersey’s New Year's PFAS Resolution

To ring in the new year, New Jersey became the latest state to enact legislation banning intentionally-added PFAS in certain consumer products. In the final days of his term, Governor Murphy signed into law the Protecting Against Forever Chemicals Act (S 1042), which prohibits the sale of cosmetics, carpets, fabric treatments and food packaging containing intentionally-added PFAS starting in January 2028. The law also requires manufacturers to label certain direct food contact consumer cookware that contains intentionally-added PFAS. Interestingly, the legislature stripped forward-looking provisions excluding fluoropolymers just prior to passage. Definitely an area to watch as additional states dip their feet in the PFAS pool in 2026.  

On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) finalized its PFAS-in-Products program rules in response to an Administrative Law Judge order requiring the Agency to reduce fees, among other changes. Under the rule, manufacturers must submit PFAS information – including product descriptions, PFAS type, quantity, function and manufacturer details – to MPCA by July 2026, and pay a fee to support the program.

On November 20, 2025, the Washington Department of Ecology adopted a new twist to its Safer Products for Washington rule’s per- and polyfluoroalkyl substances (PFAS) restrictions.The rule, which prohibits the manufacture and sale of apparel and accessories, automotive washes, and cleaning products with intentionally added PFAS beginning January 1, 2027, previously included a presumption that any detection of total fluorine (TF) in these products would indicate that PFAS had been intentionally added. After much criticism during the public comment period, the Department adjusted its final adopted rule to provide a de minimis threshold. Specifically, the Department will presume that detection of TF above 50 ppm indicates intentional addition of PFAS. Manufacturers still have the opportunity to rebut the presumption with credible evidence that PFAS were not intentionally added, but they obtain a modicum of relief in the interim from the revision.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released the pre-publication draft proposed rule to amend the PFAS reporting requirements under TSCA, entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Under the Toxic Substances Control Act (TSCA); Revision to Regulation.” The proposal aims to augment the exemptions to the scope of the reporting requirements and introduces additional modifications to make the rule “more practical and implementable and reduce unnecessary, or potentially duplicative, reporting requirements for businesses.” Potentially offering even greater flexibility, it concludes with a request for comment on additional provisions.