This year through July 20, 2023, 17 states have passed at least 35 policies to better protect communities and encourage industry to develop safer chemicals and materials. The state legislative session that ended this year came up with five key conclusions:
01
Transformative policies are attractive
Minnesota has adopted the most extensive PFAS policy in the country. The law restricts all unnecessary use of PFOS by 2032, bans its use in 13 product categories beginning in 2025 (including a first-in-nation ban in menstrual products, cleaning ingredients, cookware and floss), and requires companies to disclose the presence of PFOS in any product by 2026.
Recognizing the importance of states working together to address the PFAS crisis, Maine this year adopted a policy that streamlines implementation of PFAS laws to align with Minnesota and avoid duplication of effort. Maine also passed a first-of-its-kind bill requiring anyone who extracts water in Maine and sells it as bottled water to test that water for PFAS and disclose the results.
On the other side of the country, the Oregon legislature passed the Drug-Free Kids Modernization Act, which is now awaiting the governor's signature. The policy strengthens and modernizes the Toxic-Free Kids Act, passed in 2015, allows the Oregon Health Authority to regulate toxic chemicals by category, and simplifies commercial reporting requirements.
02
Cosmetics and other personal care products
Widespread bans on toxic chemicals are gaining momentum in the states
Addressing toxic chemicals in cosmetics is a policy focus area in several states. Washington state has made history by passing a broad policy banning some of the most worrisome chemicals in cosmetics and personal care products, including PFAS, phthalates, formaldehyde and formaldehyde releasers. The new policy will also fill important gaps in information about the hazards of chemicals used in cosmetics. The policy will also provide support for small businesses transitioning to safer cosmetics.
Oregon, meanwhile, passed a bill that mirrors Washington state policy, and the governor is expected to sign it into law. If passed, three West Coast states - Washington, Oregon and California - would all have policies regulating toxic chemicals in personal care products.
In addition, New York banned mercury in personal care products, while Nevada passed a policy requiring disclosure of all ingredients in feminine hygiene products.
03
States are increasingly dealing with it
Toxic plastic and packaging issues
To address the pressing issue of plastic pollution and its impact on public health, states are looking for ways to aggressively address toxic plastics and packaging. Rhode Island bans the use of polystyrene in food packaging, Oregon bans the use of polystyrene foam containers and PFAS in food packaging, and Minnesota restricts the use of PFAS in cannabis product packaging.
Oregon also passed a law allowing consumers to fill their own containers, while Washington state passed a policy promoting the use of reusable water bottles by mandating the construction of bottle-filling stations in applicable construction projects. Such complementary policies encourage a shift to reusable alternatives and reduce reliance on single-use plastics.
Both California and Maine have introduced policies to phase out unnecessary and problematic plastics from packaging, especially those linked to health hazards such as polyvinyl chloride.
04
The Environmental Protection Agency is watching.
State action on PFAS in drinking water
The U.S. Environmental Protection Agency (EPA) has announced drinking water standards for six PFAS "permanent chemicals." While the news of federal action is important, states are still taking further action through grants. Arizona, California, Connecticut, Michigan, Minnesota, Vermont and Wisconsin are among the states that have allocated funds to address PFAS contamination.
05
State attorneys general are suing chemical manufacturers
Take legal action
Holding polluters accountable remains a priority. In a matter of weeks, state attorneys general in Arizona, Arkansas, Maryland, Oregon, Rhode Island, Tennessee and Washington have all filed lawsuits against PFAS manufacturers, alleging their negative impact in contaminating drinking water and harming communities. A total of 24 states have filed lawsuits against such companies.
In addition, 17 states have submitted comments to the EPA in support of the agency's proposal to set enforceable drinking water standards for six PFAS chemicals.
