Phasing Out Forever Chemicals: What PFAS Restrictions Mean for the Travel Goods Industry
Travel Goods Magazine- Fall Issue 2024- Chelsea Murtha
Increasing concerns about the environmental and potential human health impact of “forever chemicals,” also known as per- and polyfluoroalkyl substances (PFAS), have prompted state legislatures and the U.S. Environmental Protection Agency (EPA) to regulate and require reporting on their use in consumer products. While the restrictions and reporting requirements vary depending on where and when products are sold, the direction to the industry is clear – the use of PFAS in travel goods must cease.
PFAS are a class of potentially as many as 14,000 man-made chemicals that have been used in consumer products since the 1950s. These chemicals are valuable for their capacity to make products water and stain repellant, as well as oil and chemical resistant. Plus, the strong carbon-fluorine bonds in PFAS mean that the chemicals resist breakdown. This makes products more durable and capable of handling heavy consumer use. PFAS-treated fabric lunchboxes are easy to wipe clean and the contents of mountaineering backpacks stay dry even in the worst weather.
Unfortunately, the characteristics that make PFAS so incredibly useful also make them damaging to our environment. Even when products have reached the end of their useful life, the PFAS persist and do not break down. This means they build up at dangerously high concentrations and, because they have been used for decades, PFAS are now found in every part of the globe. As a result of increasing global buildup, scientists are observing adverse impacts on flora and fauna in highly contaminated locations including potential links to cancer and other health concerns in humans.
In response to these concerns, state and federal agencies are in the process of implementing regulations that require disclosure when PFAS are used or ban their use altogether. In the United States, most of the interest in addressing PFAS is found at the state level. As is often the case on environmental concerns, California is one of the states leading the charge. In 2022, California enacted two bills that directly affect the travel goods industry. The first, AB 652, bans the use of intentionally added PFAS in “juvenile products,” which are defined as any product designed for use by infants or children under 12. This restriction went into effect on July 1, 2023. The second, AB 1817, bans intentionally added PFAS in “textile articles” – most any product with a textile or leather component – starting January 1, 2025. Both AB 652 and AB 1817 set testing thresholds to determine whether PFAS has been intentionally added; products must initially test below 100 parts per million in Total Organic Fluorine (TOF), with lower limits for textile articles phasing in later on. States that have implemented similar bans with similar timelines include Vermont and Colorado, while states like Maine and Minnesota have enacted laws banning PFAS in all products that will come into effect on or after 2030, but require reporting on the use of PFAS in products until then. Washington State, Michigan, New Jersey, and New York are likely to also enact their own requirements over the next few years.
At the federal level, there has been limited activity attempting to regulate PFAS in consumer products. The Consumer Product Safety Commission (CPSC) is unlikely pursue rulemaking without clear direction from Congress, and Congress is struggling to move its typical “must pass” packages. However, Congress did pass legislation requiring the U.S. Environmental Protection Agency (EPA) to collect data on the historical sources of PFAS pollution throughout the country. This requirement resulted in the new Toxic Substance Control Act’s (TSCA) Section 8(a)(7) rule. This rule requires a one-time retroactive PFAS report be submitted to the EPA on PFAS-containing products from January 2011 until December 2022. If a product contained PFAS on import, this must be reported to the EPA, along with any information the company has on the specific PFAS used and its concentration, among other items. The contents of these reports will be publicly available and there can be significant fines for failing to report. EPA will open the reporting portal this November and all reports will need to be filed by May 2025.
To meet the growing number of PFAS-related requirements, companies will need to develop a thorough understanding of both the historical and current usage of PFAS in their products, processes, and supply chains to ensure they and their products are compliant. Working closely with suppliers to ensure they understand the new requirements, and with partners in identifying replacement fabric, treatments, and even machinery, will be crucial as the industry works towards saying goodbye to PFAS forever.
As the American Apparel & Footwear Association’s (AAFA) Senior Director of Sustainability, Chelsea Murtha, serves as the association’s advocate and spokesperson on matters of sustainability and product safety. She engages with Congress, the Executive Branch, independent agencies, as well as state and local legislatures and agencies and foreign governments on sustainability, product safety, and chemical management issues important to the industry. Chelsea is also the staff liaison to AAFA’s Environmental Committee and Product Safety Council. Follow on LinkedIn. Find more about this project and others at www.aafaglobal.org and with #THREADSProtocol, #SmartSustainability on social media.