New York state to ban PFAS in clothing by December 2023

New York is the most recent US state to ban the production and distribution of clothing and textiles containing PFAS (perfluoroalkyl and polyfluoroalkyl substances).

Senate Bill S6291A, which was approved by the state legislature in May and will go into effect on December 31st of this year, has now been approved by Governor Kathy Hochul.

Perfluoroalkyl and polyfluoroalkyl, also known as PFAS, are well-known endocrine disruptors found in clothing and other commonplace items like takeout containers and non-stick cookware. The persistent effects of these substances, also referred to as “forever chemicals,” after entering the bloodstream have contributed to their repeated inclusion on the agendas of federal and state legislators.

Senator Brad Hoylman and Assemblywoman Pat Fahy sponsored the senate measure, or S6291A, which was presented in April 2021. According to the governor’s office, the bill was approved by the state legislature in May and was formally signed into law (under chapter 820) on December 30.

The law covers any “deliberately added chemical,” such as those used to waterproof performance apparel, just like earlier legislation. Underwear, shirts, pants, and other things are all considered apparel under the state of New York.

The Biden administration’s Environmental Protection Agency is attempting to curb the compounds, while other types of PFAs have long been prohibited in New York State (with PFAs in food packaging regulated since 2020). These most recent initiatives, however, foreshadow policies across the country. One such state that has legislation against PFAs in clothing is California.

The New York apparel law is similar to that one in that it focuses on “intentionally added chemicals,” or those that have a specific purpose in the product. For conventional clothing, that means formal and everyday attire but excludes specialised performance clothing.