New York bans sales of certain new apparel containing PFAS ‘forever chemicals’

New York has banned the sale of certain new apparel containing PFAS, also known as “forever chemicals”. The law went into effect on Jan. 1, 2025.

The new law is meant to protect consumers from exposure to hazardous chemicals, which have been linked to reproductive health issues, developmental delays in children and some cancers.

The bill, passed in 2022, gave businesses that sell products with “intentionally added” PFAS chemicals in them time to understand the changes in the law and plan for the implementation this year.

A condition included in the law is for any seller of apparel to have a compliance certification from the supplier or manufacturer. The state Department of Environmental Conservation (DEC) website states that such compliance certifications “must be made available to the DEC upon request.”

Types of clothing included in the bill are used for everyday, formal and leisurewear. The apparel is for all ages and includes items such as shirts, pants and dresses, as well as onesies, bibs and diapers, to name a few on the list.

Kate Donovan, the Northeast director of environmental health and senior attorney with the National Resources Defense Council (NRDC) said that exposure to PFAS can occur through skin contact.

“PFAS and apparel in particular, is certainly a concern, because we certainly don’t want to be wearing pieces of clothing with toxic chemicals on them,” said Donovan.

Donovan’s team at the NRDC, along with state officials, will be working to pass additional PFAS consumer bills in 2025. The bills cover textiles, homegoods, personal care and hygiene products.

Donovan said the use of PFAS is a life-cycle problem, from manufacturing to its disposal.

“I think that’s the main reason we are concerned about the use of PFAS in consumer products: we really need to stop using PFAS,” said Donovan. “We have to turn the tap off to it.”

This new law on apparel is the first of three. New York will implement additional bans on PFAS in both outdoor apparel and outdoor apparel for severe wet conditions over the next few years.

California and Colorado have similar bans on PFAS in apparel and textiles that also went into effect at the beginning of the year.