California Bans PFAS in Juvenile Products

In early October 2021, the California Governor signed two bills into law banning the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging/ cookware and juvenile products.

PFAS are generally considered as “forever chemicals”, as they do not breakdown in the environment and present serious health concerns, such as cancer, fetal development issues and reduce vaccine effectiveness.

The Bill No. 652, titled “Product safety: juvenile products: chemicals:  perfluoroalkyl and polyfluoroalkyl substances. (2021-2022)” was published on 2021-10-05.  After becoming effective on 2023-07-01, the law would prohibit a person, including a manufacturer, from selling or distributing in commerce in California any new, not previously owned, juvenile product that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) (as defined below).  The manufacturer is required to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.

Definitions:

1. “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:
   1. PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
   2. The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.

2. Except those specified in the Bill as exclusions, a “Juvenile product” means a product designed for use by infants and children under 12 years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress.

Effective Date:

This Assembly Bill 652 will become effective on 2023-07-01, to ban the use of regulated PFAS chemicals in juvenile products as specified above.

References:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB652

https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202120220AB652&version=20210AB65292CHP

Contact us for details.