PFAS Bans & Regulations For Stuffed Articles

In the industry of stuffed articles, there are many restrictions and regulations to be aware of. The most recent regulations concern PFAS — a group of chemical compounds that are widely used in many consumer goods, including stuffed articles.

This blog will explore the latest developments in PFAS regulations and bans across the United States, and what they mean for manufacturers, distributors and retailers of stuffed articles.

What are PFAS?

PFAS, or per- and polyfluorinated substances, are a group of synthetic chemicals that have been widely used since the 1940s in various industrial and consumer products. 

The widespread use of PFAS is because of the unique properties of the compound including heat resistance, oil and water repellency, and non-stick properties. 

They have been used in products such as non-stick cookware, stain-resistant carpets and furniture, waterproof clothing, food packaging, and firefighting foams.

Why are PFAS under scrutiny?

The reason for this increased regulation and banning of PFAS is due to their persistence in the environment and the potential risks they pose to human health. 

PFAS can remain in the environment for many years and can accumulate in the food chain, leading to potential exposure for humans and wildlife. 

Studies have also linked PFAS to various health problems, including cancer, developmental and reproductive problems, and immune system disorders.

What is being done about PFAS in the United States?

Various U.S. agencies and states have begun taking decisive action against PFAS in recent years. 

The Environmental Protection Agency has set health advisory levels for two types of PFAS, and has established regulations on the use and disposal of certain PFAS-containing products.

Meanwhile, several U.S. states have passed or introduced legislation against the use of PFAS in consumer products. The latest of those states are New York and Minnesota.

PFAS Legislation in New York

In March of 2023, the state of New York introduced a wide-sweeping bill titled S05648. The summary of the bill reads as follows:

Commencing on January first, two thousand twenty-five, no person shall distribute, sell, or offer for sale in the state any covered product that contains regulated perfluoroalkyl and polyfluoroalkyl substances.

While the bill goes on to define a variety of “covered products,” the most relevant product types for GRS customers are textile articles including bedding and outdoor apparel. 

The bill would prohibit the sale of these items if they intentionally add PFAS or contain a measurable amount of PFAS.

What does this legislation mean for my business?

If passed, S05648 would completely prohibit the sale of certain products in the state of New York.

If your manufacturer intentionally adds PFAS to their stuffed articles, or if those stuffed articles contain a measurable amount of PFAS, you have until January 1, 2025 to make other arrangements.

In addition, manufacturers of “covered products” that contain PFAS in any quantity must offer their distributors and retailers a certificate of compliance. This certificate assures that the product does not contain intentionally added PFAS, and must be signed by an authorized official of the manufacturer.

PFAS Legislation in Minnesota

Also in March of 2023, the state of Minnesota introduced two bills targeting the use of PFAS in consumer goods:

MN SF 2842 — Entities manufacturing and selling products containing PFAS gross revenues tax imposition; cleanup account creation in the special revenue fund creation; Advisory Commission establishment

HF 2586 — Gross revenues tax imposed on entities manufacturing and selling products containing PFAS, cleanup account created in special revenue fund, Advisory Commission established, and reports required.

What does this legislation mean for my business?

If passed, these two pieces of legislation could be very costly for manufacturers and sellers of products containing PFAS in Minnesota. 

The bills would require manufacturers and retailers to pay a tax equal to 50% of the gross revenue derived from PFAS-containing products.

The funds gained from the additional taxes would be used for cleanup efforts around the state of Minnesota under the guidance of a newly formed Advisory Commission.

What should I do if my stuffed articles contain PFAS?

Global Registration Services anticipates further regulation and banning of PFAS in the future. We’ll continue to keep you updated as regulations come to pass.

As the future of PFAS remains uncertain, we’re here to offer support in any way we can. If you need testing or legal support, the GRS team can connect you with one of our industry partners who provide those services.