May 2024

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On May 1, 2024, Colorado became the thirteenth state to pass legislation banning per- and polyfluoroalkyl substances, commonly referred to as PFAS. The move comes shortly after PFAS received exceptional public attention when EPA finalized its first-ever national drinking water standards for six PFAS this past April. The release of these new standards now requires states and industry to act quickly and strategically on plans to restrict PFAS from water systems. For Colorado, multiple areas across the state detected PFAS in the water beyond EPA limits when EPA required water systems across the nation to test for dozens of PFAS last year.

Since EPA announced a Final Rule designating certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances, there has been ample national attention on what the legal and regulatory landscape would look like in restricting these dangerous substances. Various states have taken independent action to curtail the significant health and environmental risks posed by PFAS. Recently, Vermont moved to further restrict the prevalence of PFAS in products sold in their state.

The State of Michigan recently took another step aimed at protecting the environment and public health from the impact of per- and polyfluoroalkyl substances (PFAS). Last week, State Rep. Penelope Tsernoglou (D-East Lansing) and Majority Floor Leader Abraham Aiyash (D-Hamtramck) introduced The Hazardous Products Act under House Bill 5657 (the “Legislation”), which would prohibit, the sale and distribution of products containing intentionally added PFAS by Jan. 1, 2027, including, without limitation, cookware, cosmetics, and children’s products. The Legislation would also prohibit the discharge or use of PFAS-containing class A or class B firefighting foam by Jan. 1, 2027. The Legislation has roughly 20 co-sponsors and was referred to the Michigan House’s Natural Resources Committee.

If enacted, the Legislation would ban the sale of products that contain intentionally added PFAS. The Legislation defines “PFAS” as a “perfluoroalkyl or polyfluoroalkyl substance that includes any member of the class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom.” Under the Legislation, PFAS is intentionally added if the PFAS added by a manufacturer “has a functional or technical effect on a product, or a component thereof, or the manufacturing process. Intentionally added PFAS includes any PFAS that is a component or a breakdown product of an intentionally added chemical that has a functional or technical effect on the product, or a component thereof, or the manufacturing process.”