PFAS phaseout: Colorado banning forever chemical-based cleaning, floss and menstrual products by 2026
26 Jun 2024 --- The US state of Colorado bans PFAS by signing Senate Bill 24-081 to protect health and the environment from the persistent “forever chemicals.” The law imposes a phased ban on selling and distributing products containing PFAS chemicals, with implications for the personal and home care industries.
By January 2026, Colorado will prohibit the sale and distribution of cleaning products (including air care), cookware, dental floss, menstruation products and ski wax containing PFAS chemicals. Additionally, installing artificial turf containing PFAS chemicals will be prohibited, reflecting growing concerns about the environmental impact of synthetic materials.
PFAS are found in band-aids, toilet paper, period products and cosmetics.
Despite concerns about the chemicals, the UK-based Cosmetic Toiletry & Perfumery Association previously told Personal Care Insights that PFAS are rarely used in cosmetics. When they are, they do not make products unsafe due to strict regulations that help meet legal safety requirements.
Senator Lisa Cutter (Image credit: Colorado government).Senator celebrates bill
Senator Lisa Cutter took to social media to celebrate the passage of her bill eliminating PFAS from products. “This was a HUGE lift — we had around 70 stakeholders, and several corporations even flew executives in to tell me why PFAS are fine.”
“That argument did not persuade me. We addressed some very real concerns about clarifying language, extending dates out to accommodate product sell-through and supply chain issues and unavoidable uses.”
“We made lots of concessions — some more reasonable than others. If you care about this issue, please continue to track this bill and help raise awareness to make sure no other provisions are sacrificed,” she adds.
Colorado aims to reduce exposure, encourage the development of safer alternatives and address the concerns associated with the widespread presence of PFAS chemicals, which have been linked to health issues and environmental degradation.
Chemical industry concerns
The American Chemical Society (ACS) believes the legislation “threatens to create major disruptions for families and businesses across the state.”
“PFAS is a diverse universe of chemistries that are critical to many products Colorado families rely on every day. All PFAS are not the same. Individual chemistries have different physical, chemical, and toxicological properties, as well as differing uses. PFAS chemistries also support many products that are essential for health, safety, or the functioning of society, and for many of which there may be no viable alternatives.”
The organization quotes the Biden Administration’s Department of Defense, which says that losing access to PFAS “would greatly impact national security.”
Moreover, ACS underscores the “significant challenges” other US states and the EU faced when implementing “overly broad approaches to regulating PFAS.”
The ACS warns that the legislation will cause major disruptions for families and businesses.The state of Maine banned PFAS in 2021. However, it has issued more than 2,400 extensions to companies reporting PFAS and the state Department of Environmental Protection “suspended its rulemaking, and changes to the statute are being contemplated in many corners of the state government,” warns ACS.
The organization notes that several European industries submitted comments on the consequences of the proposed PFAS ban due to a lack of alternatives. It believes this is why EU authorities delayed consideration of the proposal.
Meanwhile, EU nations are taking matters into their own hands by proposing PFAS bans within their countries amid the EU lag. French MP Nicolas Thierry believes the 2023 proposed PFAS ban could extend from 2027 to 2028.
Earlier this month, the French Senate approved a PFAS ban proposal in cosmetics, coinciding with the Danish Parliament’s allocation of DKK404 million (US$59 million) for a national action plan to prevent, contain and clean up its PFAS contamination.
Efforts to phase out PFAS in the EU date back to 2020, when the Chemicals Strategy for Sustainability was introduced.
Broader bans
As of January 2025, Colorado will not allow the sale or distribution of outdoor clothing meant for extremely rainy weather without a disclaimer indicating the product contains PFAS chemicals. This provision focuses on products for extreme activities such as offshore fishing and mountaineering to reduce environmental and health impacts.
The law extends further by January 1, 2028, to prohibit the sale and distribution of medical floor maintenance products, textile articles, severe wet condition outdoor apparel, and commercial food equipment containing PFAS.
The bill’s phased approach gives businesses time to adapt and comply while balancing pressing health issues and the realities of supply chain and product reformulation. However, ACS says, “Colorado lawmakers should work with industry stakeholders on practical, science-based legislation that recognizes the critical applications that rely on PFAS chemistries.”
By Venya Patel
