State PFAS Legislation: America’s Patchwork Regulatory Revolution
In the absence of comprehensive federal PFAS product legislation—where congressional action has been limited to provisions in the NDAA and the Infrastructure Investment and Jobs Act—US states have taken the lead in regulating PFAS across a wide range of product categories, reporting requirements, cleanup standards, and drinking water limits. By the end of 2024, 46 US states had enacted at least one PFAS-related law or regulation. This state legislative activity, while creating a complex compliance patchwork for national manufacturers, is effectively driving PFAS management standards that operate as de facto national requirements for companies unwilling or unable to maintain state-specific product versions.
Product Restriction Laws: The Growing State Roster
Food packaging (14 states): California (effective 2023), Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, Illinois, and New Jersey prohibit intentionally added PFAS in food packaging. Textiles (8 states): California (apparel 2025, all textiles 2028), Colorado, Maine, Maryland, Minnesota, New York, Vermont, and Washington prohibit PFAS DWR treatments in textile articles. Cosmetics (7 states): Colorado, Maryland, Minnesota, Vermont, California (for specific compounds), Hawaii, and Illinois restrict PFAS in personal care products. Cookware (4 states): California, Vermont, Minnesota, and Maryland restrict PFAS in nonstick cookware. Carpets and rugs (5 states): California, Colorado, Maine, Minnesota, and Vermont restrict PFAS in residential carpeting and rugs. Juvenile products (4 states): California, Colorado, Minnesota, and New York restrict PFAS in car seats, strollers, and children’s products.
Reporting and Disclosure Laws
Maine’s PFAS product reporting law (L.D. 1503, effective 2023) requires manufacturers of products sold in Maine that contain intentionally added PFAS to report product category, PFAS identity, and concentration to Maine DEP—the most comprehensive state product PFAS disclosure law in the US. Minnesota’s Electronic Product PFAS Reporting Act (effective 2024) requires PFAS disclosure in consumer electronics. Colorado’s PFAS product reporting requirements (SB 23-269) mandate notification for seven high-priority product categories. California’s AB 2771 requires PFAS disclosure in food packaging ahead of the product restriction effective date. These reporting laws create the state-level databases that support both enforcement and consumer information—and provide a model for potential federal PFAS product disclosure legislation.
Drinking Water and Cleanup Standards
States with drinking water MCLs more stringent than EPA’s federal standards (for at least some PFAS): Massachusetts (20 ng/L for combined PFOA/PFOS); Michigan (8 ng/L PFOA, 16 ng/L PFOS, with additional compounds); Vermont (20 ng/L for sum of 6 PFAS); California (5.1 ng/L PFOA, 6.5 ng/L PFOS); New Hampshire (12 ng/L PFOA, 15 ng/L PFOS, 18 ng/L PFNA, PFHxS). Several states had cleanup standards established before EPA’s NPDWR, and these states will need to determine how to align their existing standards with the new federal MCLs. EPA’s NPDWR sets a floor, not a ceiling—states may maintain more stringent standards.
State PFAS legislation is creating the de facto national standard that comprehensive federal legislation has not yet achieved—and companies that track and comply with leading-edge state requirements are best positioned when federal standards ultimately align with or exceed the state benchmarks.