New York PFAS Products Bill Has Broad Implications

February 15, 2022

Read the full article by John Gardells (The National Law Review)

"In August 2021, we wrote about a first-of-its-kind law introduced in Maine that banned intentionally added PFAS from any products sold in the state of Maine. Now, a New York PFAS products bill aims to mimic the Maine law and implement a ban on intentionally added PFAS in products manufactured in New York. Like with the Maine law, it is also important to note that the New York bill will not completely curtail PFAS products sales in New York. In fact, a closer look at the language in the bill shows that some over-broad or vague terms may provide companies with opportunities to permissibly continue selling PFAS-containing products within the state. Nevertheless, it is critical for companies to immediately assess the impact of the New York PFAS products bill on corporate practices, compliance with the language in the bill, and make decisions regarding the continued use of PFAS in products, as opposed to substituting for other substances.  At the same time, companies impacted by the New York PFAS legislation must be aware that the bill poses risks to the company's involvement in PFAS litigation in both the short and long term.

New York PFAS Products Bill – What Does It Aim To Do?

Several states have already taken steps to ban PFAS use in certain specific products, including firefighting foamfood packaging, and ski wax, to name a few. The New York PFAS products bill (A8491), however, goes well beyond carving out PFAS bans for individual products. Instead, the bill bans PFAS from all products of any kind."