Keep pace with PFAS regulations for apparel and footwear in the US

Facing increasing regulatory legislation on the banning of PFAS in apparel and footwear, it’s time to examine the solutions.

What is PFAS?

PFAS and PFOAs are a group of over 10,000 per- and perfluoro- substances known to be hazardous to human health and the environment. PFAS Substances, popularly known as “forever chemicals” have been widely used for over 70 years in a variety of applications, such as Teflon for non-stick food preparation, waterproofing in apparel, coatings in electronics, in personal care products and as a greaseproof agent in food packaging.

The combination of its harmful impact on health and environment, widely publicized by the film Dark Waters in 2019, and widespread usage has led regulators to restrict and regulate against its use in varying degrees. This includes increasing obligations for registration and notification of any PFAS containing products brought to markets both current and in the past, as well as restrictions and prohibitions on particular PFAS in particular products, such as apparel and textiles.

Risks to industry

Increasing regulatory requirements and the fast pace of change and implementation means that companies need to be aware of the substances contained in their products and packaging to avoid the risk of losing market access and reputation. PFAS is just one group of hazardous substances, and companies are increasingly focused on ensuring any substitutions are not the next on the priority list.

Authorities are looking into products already on the market to see if they contain restricted substances. Many companies have historically relied on supplier declarations that state there is no PFAS in their products, but these are not sufficient for regulators who lab test products for verification.

PFAS is just one group of hazardous substances, and companies are increasingly focused on ensuring any substitutions are not the next on the priority list.

What regulatory changes could impact in the US?

PFAS-related legislation has been most active in the US, where states like California and New York have restricted intentionally-added or contaminant PFAS to 100 ppm in apparel and footwear, starting 1 January 2025. States like Maine and Minnesota are prohibiting intentionally-added PFAS in all products, starting 1 January 2032.

Not to be outdone, in September 2023, the US federal Environmental Protection Agency (EPA) issued a final rule requiring companies to provide information on the production, processing and use of over 1,460 PFAS compounds, going back to 2011.

While the agency has since pushed back the reporting timeline for this rule – until 1 January 2026 – in the meantime, in 2024, Enhesa Product Intelligence is monitoring over 500 US bills on chemicals of concern, with one-third of those bills mentioning PFAS, far and away the most-legislated chemical within the country.

Companies in the industry need to be aware of their obligations.

3 ways Enhesa Product Intelligence can support tracking PFAS regulations

Enhesa Product Intelligence powerful suite of regulatory data, news, analysis, events and training, and expert support, designed to empower customers’ product safety and compliance teams to reduce the risks of noncompliance and achieve seamless market access for their products.

We can help the US footwear and apparel industry with:

1. Keeping up with global PFAS regulations

Our Chemical Watch News & Insight and Regulatory Database provide subscribers with the latest news on PFAS every day.

“Lenses” – saved searches of the platform – may be created by manufacturers or undertaken with the support of Enhesa Analysts, to ensure subscribers receive tailored results applicable to their products and jurisdictions of interest.

2. Benchmarking PFAS ‘baselines’ from one jurisdiction to the next

Our Regulatory Database summarizes global regulations, including whether a jurisdiction’s regulations are based on or identical to those of another jurisdiction, such as Switzerland, Türkiye and the UK, which tend to follow the regulations of the EU.

The Legislation Tracker also outlines similarities and differences from state to state, country to country and region to region, to help customers to understand when re-design, re-labeling or re-testing are necessary.

Our Analyst Helpdesk provides needed confirmation and clarification of applicability and exemptions, such as definitions of covered products and those which are out of scope, as well as test limits, test methods and more.

3. Maintaining a global PFAS understanding and collaboration

Our “Registers” support subscribers in understanding the applicable regulations and mandatory standards to their products in our the Regulatory Database.

They also permit subscribers to collaborate and review effortlessly with their colleagues, including sharing and commenting on content, promoting knowledge transfer across their teams and helping them to connect the right people to the right information quickly and easily.

Want to know more?

More information about PFAS here.

Stay up to date with regulatory news and changes for PFAS with Chemical Watch News & Insight, the leading source of news on chemical management, and understanding regulatory needs with Regulatory Database.

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