New York and California have recently introduced sweeping regulations that prohibit the sale of apparel containing per- and polyfluoroalkyl substances (PFAS), marking a significant shift in the apparel industry. These state-level bans, effective January 1, 2025, will require apparel manufacturers, retailers, and wholesalers to navigate increasingly stringent environmental standards and comply with new compliance certification requirements to avoid penalties and litigation risks. This article explores the full scope of these regulations, their impact on businesses, and the steps required to ensure compliance.
New York’s PFAS Regulations
In New York, the law signed on December 30, 2022, prohibits the sale of any apparel containing intentionally added PFAS chemicals. This includes a wide range of clothing items like undergarments, shirts, pants, dresses, and even diapers. The law specifically targets chemicals added to enhance the functionality of the apparel, such as stain, grease, or water resistance. However, the law does not cover PFAS that may be present as impurities.
The New York law provides an important regulatory requirement: compliance certification. Sellers must ensure that the apparel they sell complies with the law by obtaining certifications from manufacturers. These certifications must confirm that the apparel contains no intentionally added PFAS and must be signed by an authorized official of the manufacturing company.
Failure to comply with these regulations can result in penalties of up to $1,000 for the first violation, and higher fines for subsequent violations, which may reach up to $2,500 per day for continuing infractions. This law will place significant responsibility on apparel sellers, requiring them to actively ensure that their products meet these strict environmental standards.
California’s Regulations: A Broader Scope
California's approach to PFAS is even more expansive. The state’s new law, effective January 1, 2025, prohibits the manufacture, distribution, or sale of textile articles containing regulated PFAS. This includes apparel, accessories, bags, and even upholstery. While there are some exceptions for outdoor apparel for severe wet conditions, these exemptions will be phased out by January 1, 2028.
California's definition of regulated PFAS is more comprehensive than New York's. It applies to PFAS that are intentionally added by manufacturers for a functional effect and PFAS present at or above 100 parts per million (ppm) starting in 2025 or 50 ppm starting in 2027. As a result, California’s law will likely capture a wider range of products than New York’s regulations.
Moreover, California's regulations require manufacturers to not only eliminate PFAS from their products but also to use the least toxic alternatives when removing these substances. Manufacturers are also required to provide sellers and distributors with certificates of compliance, signed by an authorized official from the manufacturing company, to ensure their products comply with the law.
Enforcement and Penalties
Both New York and California impose strict penalties for non-compliance. In California, the daily penalty for violations can reach $10,000 per violation, which can quickly escalate if violations are not addressed. In contrast, New York has set a $1,000 penalty for first-time violations, with higher fines for subsequent breaches.
These regulations highlight the increasing pressure on apparel companies to comply with environmental standards in their supply chains. Retailers and manufacturers must act now to ensure that their products meet these legal requirements to avoid costly fines and potential litigation risks.
Navigating Compliance: Key Takeaways for Businesses
For apparel manufacturers, retailers, and wholesalers, these new laws signal a significant shift in how textiles must be produced, marketed, and sold in New York and California. As PFAS regulations become more stringent, businesses need to take proactive steps to ensure compliance. Here are key strategies for managing the transition:
Supplier Audits and Certifications: Companies must work closely with their suppliers to obtain compliance certifications ensuring that their products do not contain intentionally added PFAS.
Alternative Materials: Manufacturers should consider sourcing PFAS-free alternatives and adopt new materials that meet the performance needs of waterproof or stain-resistant apparel without relying on harmful chemicals.
Transparency and Documentation: Keep detailed records of the steps taken to comply with the laws, including proof of certification and the use of non-toxic alternatives. This will help mitigate potential legal risks and ensure the company is prepared for inspections or audits.
Stay Updated on Regulatory Changes: As regulations evolve, especially with the California exemption ending in 2028, companies need to stay informed about updates to state laws to adjust their processes accordingly.
Conclusion
The PFAS bans in New York and California mark a pivotal moment in the apparel industry’s journey toward more sustainable practices. With the growing importance of environmental responsibility, these new regulations are pushing companies to rethink their production methods and adopt safer, eco-friendly materials. For businesses that have not yet taken steps to prepare for these changes, the upcoming deadlines in 2025 present both a challenge and an opportunity to lead the way in sustainable textile manufacturing.
By embracing these regulations, companies can not only comply with the law but also position themselves as leaders in a rapidly evolving market that increasingly demands eco-conscious products. Preparing now for these changes will not only avoid penalties but also create long-term value through more responsible sourcing and production practices.