The US to Phase Out Non-Essential PFAS in Ten Years
On April 18, 2024, the U.S. Federal Government introduced a landmark bill, the 'Forever Chemical Regulation and Accountability Act of 2024' (FCRAA), to address the growing concerns over per- and polyfluoroalkyl substances (PFAS) in consumer goods. This regulatory update will have implications for businesses that manufacture, supply, and sell consumer products containing these ubiquitous chemicals.
The FCRAA aims to phase out the production and use of non-essential PFAS within the next 10 years. This includes a comprehensive review by the National Academies to designate PFAS as either essential or non-essential, based on the available scientific evidence. The Environmental Protection Agency (EPA) will then work with other federal agencies to implement a phaseout plan for non-essential PFAS.
Notably, the bill mandates an accelerated phaseout for certain product categories, such as carpets, food packaging, and juvenile products, within the first year of enactment. Other consumer goods, including apparel, furniture, and accessories, will face a phaseout within two to five years, depending on the product type.
For businesses in the consumer goods industry, this regulatory update presents both challenges and opportunities. Companies will need to carefully assess their product portfolios and supply chains to ensure compliance with the new PFAS restrictions. However, this also creates a chance to innovate and develop safer, PFAS-free alternatives, catering to the increasing consumer demand for sustainable and environmentally-conscious products.
By taking proactive steps to understand and adapt to the FCRAA, businesses can position themselves as leaders in the transition towards a PFAS-free future, strengthening their competitiveness and meeting the evolving needs of socially-conscious consumers.
Table 1: Accelerated phase-out after the date of enactment of this Act in certain products set out under H.R. 8074 regulation:
| Product/Scope | Requirement | Effective Date |
|---|---|---|
| - Carpets and rugs - Fabric treatments - Food packaging and containers - Juvenile products - Oil and gas products | Prohibited if contain PFAS, but exempts items for resale | Phase out within 1 year |
| - Accessories and handbags - Cosmetics - Indoor and outdoor apparel (except for severe wet conditions) - Indoor textile furnishings - Indoor upholstered furniture | Prohibited if contain PFAS, but exempts items for resale | Phase out within 2 years |
| - Outdoor textile furnishings - Outdoor upholstered furniture | Prohibited if contain PFAS, but exempts items for resale | Phase out within 4 years |
| - Outdoor apparel for severe wet conditions | Prohibited if contain PFAS, but exempts items for resale | Phase out within 5 years |
| - All non-essential uses | Prohibited if contain PFAS but exempts for sec.101(h) part | Phase out within 10 years |
To ensure compliance, it is recommended to have PFAS testing conducted by a reliable third-party provider such as QIMA.
For the latest updates on product safety standards and regulations, visit Regulatory Updates. We provide regular updates to help you stay informed and ensure compliance with the latest requirements.
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