PFAS and Consumer Protection Law
As PFAS concerns mount, some manufacturers and retailers have made “PFAS-free,” “fluorine-free,” or “non-toxic” claims for products that have not been independently verified. Consumer protection agencies and state attorneys general are scrutinizing these claims for potential deceptive advertising violations under the FTC Act and state consumer protection statutes.
FTC Green Guides and Environmental Claims
The FTC’s Green Guides govern environmental marketing claims including “non-toxic” and “free of” claims. PFAS-free claims must be truthful, non-misleading, and based on competent and reliable scientific evidence. Products claiming “PFAS-free” while containing unregulated PFAS that manufacturers consider safe may still face FTC enforcement if consumers reasonably interpret the claim as a broad chemical safety assertion.
State Attorney General Enforcement Actions
State AG offices in California, New York, and Massachusetts have issued warning letters and initiated enforcement actions against companies making unverified PFAS-free claims for consumer products including cookware, clothing, and cleaning products. These enforcement actions have prompted industry adoption of third-party verification programs for PFAS-free claims.
Third-Party Certification Programs
NSF International, Bureau Veritas, and specialized PFAS testing programs provide verification services for PFAS-free product claims. Certified PFAS-free programs require independent laboratory testing of products and supply chain PFAS disclosure, providing credible consumer assurance that distinguishes legitimate PFAS-free products from unverified marketing claims