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New York Bans PFAS Chemicals in Apparel

The ban follows in the footsteps of a similar state law that passed in California in September.

New York state joins a growing movement to ban “forever chemicals,” after Gov. Kathy Hochul signed a law banning the use of PFAS chemicals in clothing.

The measure, signed by the governor just before the new year, amends New York’s environmental conservation law to eliminate the use of perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals in apparel by Dec. 31, 2023. The state already banned PFAS in firefighting foam and paper-based food packaging. The food packaging PFAS ban went into effect on the last day of 2022.

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The Empire State is following the lead of California, which passed a law in September prohibiting PFAS chemicals from being added to cosmetics, personal care products, textiles and clothing sold there.

“It’s fantastic to see New York joining California in phasing out toxic ‘forever’ PFAS chemicals in clothes,” Avi Kar, senior attorney and senior director for health and food at the National Resource Defense Council, told Spectrum News. “It’s important that we do away with unnecessary uses of these harmful chemicals whenever possible to protect people’s health and safety.”

PFAS, often referred to as forever chemicals because they don’t break down in the environment, are used in a spectrum of products, from firefighting foams to carpets, shampoos, mascara and some grease-resistant paper. They’re frequently used in durable water-repellent (DWR) coating on various performance fabrics to give them water- and stain-resistant properties.

Nonetheless, the chemicals can contaminate water sources and build up in fish and wildlife. Some research has linked exposure to certain PFAS with various health problems, including kidney and testicular cancers, thyroid disease and high cholesterol, according to the Environmental Protection Agency (EPA).

Momentum has been building to reduce the use of PFAS in various products. In addition to the New York and California bans, a recent Maine state law requires manufacturers to report the presence of intentionally added PFAS chemicals to products they seek to sell or distribute in the state.

The state of California is currently suing 18 companies that make PFAS chemicals. The EPA plans to propose the first federal drinking water limits on PFAS in the coming months, according to The Wall Street Journal, which some legal experts believe could prompt even more lawsuits against PFAS manufacturers.

In December, 3M, parent company of Top 40 supplier 3M/Promotional Markets (asi/91240), announced that it would stop manufacturing and using PFAS chemicals across its product portfolio by the end of 2025.

After the California PFAS ban passed, promotional products supplier executives said they were working on action plans to comply while still offering the types of products end-users want.

“Today PFAS exist in all water-resistant or stain-resistant coatings,” Jeremy Lott, a member of Counselor’s Power 50 list of promo’s most influential people and the CEO of apparel company SanMar (asi/84863), promo’s largest supplier, said at the time. “We expect alternatives to be developed so that we will continue to be able to offer clothing with the functionality consumers have come to expect. This has a significant impact on the outdoor industry, as waterproof functionality is critical for almost every brand in the space.”

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