Massachusetts and California Bills Target PFAS in Cookware

June 29, 2021

Read the full article by Packaging Law at Keller and Heckman (National Law Review)

"Massachusetts and California have pending bills that would impact the use of perfluoroalkyl substances (PFAS) in cookware.

Massachusetts H.2350 and S.1387 (identical bills) call for the general prohibition of selling or distributing select consumer products in which “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS substances”  have been intentionally added or, if not intentionally added, are present and measurable by testing for total fluorine at a level greater than 1 part per million (ppm). The bill defines “PFAS substances” as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” One of the classes of consumer products covered by the pending bill is cookware.  Prior to the effective date of the ban, manufacturers of covered products must test products for fluorine to determine whether the PFAS substances are present at levels greater than 1 ppm.

A hearing on H.2350/S.1387 was held by the Joint Committee on Public Health on June 22, 2021. During the hearing, the possibility of exemptions for medical products was discussed. However, for other consumer products (including cookware), several speakers noted that there are suitable replacements/alternatives to PFAS."