What Are PFAS and Why Are They Banned?
PFAS (per- and polyfluoroalkyl substances) are a group of synthetic chemicals often called "forever chemicals" because they don't break down naturally in the environment or the human body. These chemicals have been used in cosmetics for decades for their water-resistant, oil-resistant, and smoothing properties.
Health Concerns
Where PFAS Are Found in Cosmetics
PFAS may be found in various cosmetic products including:
- Foundation and concealer (for smooth application)
- Waterproof mascara and eyeliner
- Long-wear lipstick
- Sunscreen (water resistance)
- Anti-aging products
- Hair products (conditioning, anti-frizz)
Federal Status: No FDA Ban (Yet)
According to FDA's PFAS research, there is currently no federal ban on PFAS in cosmetics. However:
- FDA is monitoring PFAS in cosmetics
- The MoCRA does not specifically address PFAS
- States are leading regulation in this area
- Federal action may come in the future
State Leadership
State-by-State PFAS Bans Overview
| State | Law/Bill | Effective Date | Scope |
|---|---|---|---|
| California | AB 2771 | January 1, 2025 | All cosmetics - intentionally added PFAS |
| Washington | Toxic-Free Cosmetics Act | January 1, 2025 | All cosmetics - intentionally added PFAS |
| Colorado | HB 22-1345 | January 1, 2025 | Cosmetics and other products |
| Maryland | George Walter Taylor Act | January 1, 2025 | Cosmetics and other products |
| Minnesota | Amara's Law | January 1, 2025 | Broad product categories including cosmetics |
| Vermont | Act 54 / Act 131 | July 1, 2025 | Cosmetics and other products |
| Connecticut | CGS 22a-903c | January 1, 2025 | Cosmetics and other products |
| Maine | LD 1537 | January 1, 2030 | Phase-out of all PFAS in products |
| New York | Proposed legislation | TBD | Under consideration |
California: AB 2771
California AB 2771 is one of the most comprehensive PFAS bans in cosmetics:
Key Provisions:
- Effective January 1, 2025
- Bans intentionally added PFAS in all cosmetics sold in California
- "Cosmetics" defined broadly under federal FD&C Act definition
- Enforced by California Department of Public Health
California PFAS Compliance
- Review all product formulations for PFAS ingredients
- Check raw material specifications from suppliers
- Request PFAS-free certificates from ingredient suppliers
- Test products if PFAS status is uncertain
- Reformulate products containing intentional PFAS
- Update product documentation
Intentionally Added
Washington: Toxic-Free Cosmetics Act
The Washington Toxic-Free Cosmetics Act bans PFAS along with other toxic chemicals:
PFAS Provisions:
- Effective January 1, 2025
- Bans intentionally added PFAS in cosmetics sold in Washington
- Part of broader toxic chemical ban (includes formaldehyde, phthalates, etc.)
Per Washington Department of Ecology guidance:
Washington PFAS Compliance
- Verify products are free of intentionally added PFAS
- No certificate filing required (self-certification)
- Maintain records demonstrating compliance
- Be prepared for potential state inquiry
- Also check compliance with other banned ingredients
Colorado: HB 22-1345
Colorado HB 22-1345 restricts PFAS in cosmetics and other products:
Key Provisions:
- Effective January 1, 2025
- Applies to cosmetics as defined under federal law
- Prohibits intentionally added PFAS
- Enforcement by Colorado Attorney General
According to Colorado CDPHE guidance, manufacturers should:
- Test products for PFAS if ingredient sources are uncertain
- Maintain supplier documentation regarding PFAS-free status
- Be prepared to demonstrate compliance upon request
Maryland: George Walter Taylor Act
Maryland's PFAS restrictions under the George Walter Taylor Act:
Key Provisions:
- Bans intentionally added PFAS in cosmetics
- Part of broader legislation addressing PFAS in consumer products
- Effective date varies by product category
Minnesota: Amara's Law
Minnesota's Amara's Law creates comprehensive PFAS restrictions:
Per Minnesota PCA guidance:
- Effective January 1, 2025 for cosmetics
- Broad definition of PFAS
- Applies to products sold in Minnesota
- Named after Amara Strande, who died from a rare cancer linked to PFAS exposure
Other States with PFAS Restrictions
Vermont
Vermont PFAS laws (Act 54 and Act 131):
- PFAS banned in cosmetics effective July 1, 2025
- Part of comprehensive PFAS phase-out
Connecticut
Connecticut CGS § 22a-903c:
- PFAS restrictions in consumer products including cosmetics
- Effective January 1, 2025
Maine
Maine's LD 1537:
- Comprehensive PFAS phase-out by January 1, 2030
- Cosmetics included in scope
- Earlier deadlines for some product categories
Compliance Strategy for Multi-State Sales
PFAS Compliance Strategy
Audit Your Formulations
Review all product formulations to identify any ingredients that may contain PFAS. Common sources include water-resistant agents, slip modifiers, and film formers.
Contact Your Suppliers
Request PFAS-free certifications or declarations from all raw material suppliers. Confirm that no PFAS are intentionally added to any ingredients.
Test If Uncertain
If you cannot confirm PFAS-free status through supplier documentation, consider testing products for PFAS. Look for labs accredited for PFAS testing.
Reformulate If Necessary
If products contain intentionally added PFAS, work with your formulation team to identify alternatives. Many PFAS-free alternatives now exist.
Adopt Nationwide Compliance
Consider eliminating PFAS from all products sold nationwide, not just in states with bans. This simplifies compliance and anticipates future regulation.
Document Your Compliance
Maintain records demonstrating PFAS-free status for all products. This may include supplier certificates, test results, and formulation documentation.
Formulate to the Strictest Standard
Testing and Verification
When to Test
- If supplier cannot provide PFAS-free certification
- If using ingredients from unknown sources
- If reformulating to remove PFAS
- For verification of compliant status
Testing Methods
- Total Organic Fluorine (TOF) screening
- Targeted PFAS analysis (EPA Method 533 or similar)
- Third-party laboratory testing recommended
Need Help with PFAS Compliance?
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