In a continuing effort to address concerns surrounding consumer goods containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), a broad class of chemicals commonly referred to as “forever chemicals,” the California legislature passed AB 2247 on Aug. 30, 2022. If the measure becomes law, it will require the registration by 2026 of all products sold, distributed or imported into the state of California containing intentionally added PFAS, with few exceptions. Violations of this law would be subject to civil, but not criminal, penalties. Gov. Newsom can either sign or veto the law by Sept. 30, 2022, or the bill will become law without his signature.
Unlike prior PFAS legislation in California, this bill is not restricted to particular industries or types of PFAS. As a result, it has garnered significant opposition from industry groups including the California Chamber of Commerce and the Chemical Industry Council of California, and “no” votes from moderate Democrats in both chambers. Despite organized opposition, AB 2247 may nonetheless become law because the Newsom administration may find it strikes a balance between consumer protection and an outright ban at a time when the federal government and individual states are increasing scrutiny of products containing PFAS.
JD Supra, 06-09-22