On September 29, 2022, the Governor of California signed two laws that will ban the manufacture, distribution, or sale of clothing and textile products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) starting January 1, 2025. One of these laws also restricts clothing and textiles containing certain concentrations of unintentionally added PFAS.
The Impact of PFAS in the Textile Industry
PFAS are commonly used in the textile industry to provide water, grease, and stain repellent properties. However, they have been linked to potential health and environmental risks. With the enactment of these significant laws, it is crucial for companies in the sector to act promptly to ensure their products comply with these new regulations.
Regulatory Definition of PFAS in Clothing and Textiles
According to the law, “regulated” PFAS for Clothing and Textiles are defined as follows:
- PFAS that are “intentionally added to a product and that have a functional or technical effect in the product,” including PFAS that are intentional breakdown products of added chemicals;
- The presence of PFAS in a product or a component of a product at or above the following limits, measured in total organic fluorine:
- January 1, 2025: 100 ppm
- January 1, 2027: 50 ppm
Categories Affected
Clothing: This category includes garments intended for regular use or formal occasions, such as underwear, shirts, pants, skirts, dresses, suits, bodysuits, costumes, vests, dancewear, suits, sarees, scarves, tops, leggings, school uniforms, casual wear, sportswear, swimsuits for everyday use, formal attire, coveralls, bibs, diapers, footwear, and work uniforms for everyday use. It does not include personal protective equipment or garments intended for exclusive use by the U.S. military.
Outdoor Clothing: Defined as garments primarily intended for outdoor activities, including hiking, camping, skiing, climbing, cycling, and fishing.
Outdoor Clothing for Severe Wet Conditions: Includes outerwear for activities such as offshore fishing, offshore sailing, whitewater kayaking, and mountaineering. The ban for these products takes effect on January 1, 2028.
Textiles: Items regularly used in homes and businesses, including clothing, accessories, handbags, backpacks, curtains, shower curtains, furnishings, upholstery, bedding, towels, napkins, and tablecloths.
It is important to note that there are numerous exceptions to the definition of textile items, excluding:
- Carpets and rugs (regulated by the Safer Consumer Products Program);
- Treatments containing PFAS for use on converted textiles or leather (regulated by the Safer Consumer Products Program);
- Certain off-highway vehicles (defined in the Vehicle Code);
- Certain vessels or component parts (defined in the Harbors and Navigation Code);
- Filters and filtration products used in industrial applications, including chemical or pharmaceutical manufacturing and environmental control technologies;
- Textile items used in laboratories for analysis and testing;
- Aircraft or their component parts (defined in the Public Utilities Code);
- Stadium coverings or other permanent textile structures intrinsically connected to the design or construction of a building.
At Analytical Group, we conduct all necessary tests and accreditations to measure the Total Organic Fluorine levels in products, certifying that they comply with the required standards. Our experts are available to find the best solutions for your needs. Contact us using the form at the bottom of this page.
