Regulation of Products With PFAS

February 2024
ELR 10148
James B. Pollack, Isabel Q. Carey, and Victor Y. Xu

From cookware to dental floss to stain-resistant fabrics, PFAS, or per- and polyfluoroalkyl substances, pervade modern life. PFAS are a family of thousands of synthetic chemicals that have a variety of unique qualities that make them useful in industrial and consumer product applications. Unfortunately, there is a growing scientific recognition that many PFAS come with a cost to public health and the environment. While federal and state action is just beginning for PFAS and the regulatory landscape is changing quickly, the toxicity of many PFAS has been well-established. This Article, adapted from Chapter 3 of the PFAS Deskbook (ELI Press 2023), examines the statutory and regulatory frameworks relevant to product manufacturers, including TSCA, FIFRA, state regulations, and marketing claim regulations to consumer products. In addition, it discusses many aqueous film-forming foam-specific regulations in place throughout the country. The authors also examine the growing consumer products litigation landscape relevant to PFAS.

James B. Pollack, Isabel Q. Carey, and Victor Y. Xu are attorneys with the law firm Marten Law LLP.

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Regulation of Products With PFAS

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