The Nickel Report

Chemical manufacturers, product makers, and product retailers are gearing up for new state-level restrictions on products sold in stores and online that contain per- and-polyfluoroalkyl substances (PFAS). A total of 18 states have PFAS product restrictions ranging from bans to reporting to labeling requirements. The laws target primarily food packaging, cosmetics, cookware, and textiles, but some states have expansive laws that include all types of products. Each year for the past four years, approximately 200 PFAS-related bills are introduced in state legislatures, and we expect this trend to continue, potentially adding to the growing patchwork of PFAS restrictions.

2026 PFAS Product Restrictions

In 2026, seven states will have new restrictions going into effect for numerous types of consumer products containing PFAS, including cookware, cleaning products, apparel, furniture, cosmetics, dental floss, and menstrual products. The table below provides a summary of new restrictions on the sale/distribution of PFAS-containing products:

The trend accelerates in 2027, when eight states will have new restrictions go into effect for dozens of products. Many states have more PFAS bans on the horizon for 2028, 2029, etc. In 2032, three states—Maine, Minnesota, and New Mexico—will ban all products sold or distributed in their states from containing intentionally added PFAS, unless the product meets an exemption.

2026 Will Be the First Year with a PFAS Reporting Deadline

At both the state and federal levels, 2026 is the year in which PFAS reporting laws have their first reporting deadlines (assuming they are not delayed). US EPA is expected to finalize a rule in June 2026 revising its PFAS reporting rule under the Toxic Substances Control Act (TSCA), which covers PFAS manufactured and imported into the US from 2011 to 2022. As proposed,  the rule sets the reporting deadline five months after the revised rule is released (three months after a 60-day effective date). EPA has yet to complete or announce the availability of its online reporting portal.

Minnesota’s PFAS reporting law has a deadline of July 1, 2026. Minnesota just released its reporting portal, PRISM, last week. This law has garnered national attention because it applies to any product sold or distributed in Minnesota containing intentionally added PFAS, with very few exemptions. Minnesota requires manufacturers to pay a fee and report detailed chemical and product information about their products, which can be challenging given multi-layer supply chains. Manufacturers in the same supply chain must coordinate to ensure reporting compliance; otherwise, the state may consider each manufacturer in the supply chain to be in violation.

Notably, the law has a stringent diligence standard that requires manufacturers to seek information from their upstream suppliers until all of the information required for reporting “is known.” This standard contrasts with US EPA’s more flexible requirement to report information “known to or reasonably ascertainable by” the regulated entity. Following 2026 reporting, manufacturers are required to report by February 1 each year. Minnesota’s reporting program will serve as the first real test case for PFAS reporting at the state level. New Mexico will follow next, with a reporting deadline of January 1, 2027.

Potential Labeling of PFAS Products in 2026

Also upcoming in 2026 is a potential regulation from the state of New Mexico that would require every product sold or distributed in the state containing intentionally added PFAS to display a PFAS warning label, unless the manufacturer applies for an exemption. The label would need to include a link to the state agency website (or a QR code), a pictogram, a Spanish translation, and a cancer warning for PFAS. This proposed law has also garnered national attention because its scope is broader than any other state PFAS law, and it would require cancer warnings for any product containing PFAS, regardless of how well that particular PFAS has been studied or evaluated by authoritative bodies. The state agency plans to hold a hearing about the rulemaking in February this year and finalize the rule by June 30.                                

Impact on Supply Chains

The breadth of PFAS laws will ultimately subject millions of products to various labeling, disclosure, and reporting requirements or bans. Due to the complexity of product supply chains and the prevalence of imported products or components, it is critical for companies to develop internal due diligence programs and arrangements with suppliers to mitigate potential regulatory and litigation liability. Companies that are subject to these restrictions should consider the following steps to addressing PFAS in their supply chains:

• Implement an internal due diligence program to evaluate products and fill information gaps. To fill information gaps, it may be necessary to survey upstream suppliers or test products for PFAS content. It is critical to develop processes that leverage points of consistency between state requirements (e.g., the definition of PFAS, PFAS being intentionally added) while accounting for nuances in the laws.

• Address liability in supplier agreements. When possible, include provisions in contracts that shift liability onto the supplier for failure to notify the company of PFAS presence or comply with PFAS restrictions.

• Be vigilant in reviewing product claims and corporate sustainability commitments. Plaintiffs have begun to scrutinize claims that products are “safe,” “natural,” or free of specified chemicals, alleging that such claims are “misleading” under state consumer protection laws where PFAS is allegedly present. When making product-related sustainability claims (or broader corporate commitments), it is important to ensure the company has done sufficient due diligence on PFAS presence.

• Track new laws. As state requirements for products containing PFAS continue to emerge, companies will need to regularly track these developments and prepare to assess the presence of PFAS in their supply chains. The Hunton Andrews Kurth PFAS in Products State Law Tracker is a publicly accessible tool to help companies track state statutes and regulations that ban or impose reporting or disclosure requirements for products containing PFAS.