Navigating New PFAS And Chemical Rules In 2026

PFAS Restrictions

Chemical regulation in the consumer products space continues to increase, including developments focused on regulating per- and polyfluoroalkyl substances (PFAS) in various categories of consumer products. There are dozens of laws across states that already regulate or prohibit PFAS in various product categories, with three states—Maine, Minnesota, and New Mexico—now banning intentionally added PFAS in all products in 2032.

In Minnesota, initial reports disclosing the use of PFAS are due by July 1, 2026. Among other things, the rules require manufacturers to submit information to the Minnesota Pollution Control Agency, both about the products and about the purpose/function PFAS play in the products.

Maine and New Mexico also require reporting, but on a more limited basis. Maine limits its reporting requirements to those products for which a Currently Unavoidable Use (CUU) determination has been approved (see below for more). New Mexico has started developing its reporting scheme and is currently proposing that fluoropolymers are exempt from the reporting requirements, which may limit the burden on the consumer products industry.

Maine went through its CUU determinations for the initial sales prohibitions taking effect on Jan. 1, 2026. Maine's Department of Environmental Protection only approved two CUU designations, both for cleaning products. The agency rejected nine other proposals, stating that other commonly known, readily available alternatives to PFAS existed for those products. As the first state to go through the CUU designation process, Maine may set the tone for a more rigorous review of these proposals in the different states.

In Maine, companies and other stakeholders can begin submitting CUU proposals for products subject to the 2032 total sales ban starting Jan. 1, 2027. In New Mexico, CUU proposals for the initial Jan. 1, 2027, prohibitions will be due by Oct. 31, 2026. Minnesota does not yet have a timeline for when CUU proposals are due.

Similarly, beginning on July 1, 2026, Connecticut will require labeling for certain products with intentionally added PFAS. The products subject to the labeling requirement include apparel, cleaning products, cookware, and cosmetic products. In addition to the labeling requirements, beginning July 1, 2026, manufacturers must also notify the state's Department of Energy and Environmental Protection of the presence of PFAS in the products.

In Washington, the state's Department of Ecology adopted amendments to its Safer Products rule to restrict the use of intentionally added PFAS in apparel and accessories and to require manufacturers to report the use of intentionally added PFAS in other categories of products, including footwear, gear for recreation and travel, and cookware and kitchen supplies. The sales restrictions take effect on Jan. 1, 2027, and relevant stakeholders must submit their initial reports by Jan. 31, 2027.

On the federal side, the U.S. Environmental Protection Agency (EPA) proposed changes to the PFAS reporting rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7) that might reduce the burden on some consumer products companies. The EPA has proposed six exemptions to the reporting rule, including imported articles and de minimis concentrations of PFAS below 0.1%. These proposed amendments would limit the products and businesses subject to the requirement that would otherwise have to report finished articles that might contain PFAS that were imported from 2011 to 2022. The EPA has also proposed shortening the reporting start date to 60 days from publication of the final rule and limiting the reporting window to three months. The current reporting window is scheduled to open on April 13, 2026, and close on Oct. 13, 2026, for most regulated entities.

Other Chemical Regulation Updates

Washington has continued to proliferate its flurry of activity in the chemical regulatory space, adopting new rules to restrict the manufacture and sale of cosmetics products that contain intentionally added formaldehyde releasors. This new rule applies in addition to the pre-existing restrictions on formaldehyde in cosmetics products. A list of 25 formaldehyde releasers will now be restricted when intentionally added to cosmetic products. The restrictions take effect on Jan. 1, 2027, with a sell-through provision until Dec. 31, 2027.

Washington is also engaged in a rulemaking process to potentially update its restrictions on lead in cosmetics under its Toxic Free Cosmetics Act (TFCA). The TFCA sets a limit of 1 part per million for lead in cosmetics. Recognizing the compliance challenges with meeting this restriction, the Department of Ecology started a rulemaking process meant to "identify a feasible approach to regulating lead in cosmetic products, including potentially adopting a different limit on lead impurities than the statutory limit of 1 part per million." The Department of Ecology may issue a preliminary draft rule in early 2026.

The U.S. Food and Drug Administration (FDA) announced that it will withdraw its 2024 proposed rule setting testing methods for asbestos in talc-containing cosmetics products. The FDA's announcement stated that the agency decided to withdraw the rule for many reasons, including "the complexity of asbestos testing" and "the highly scientific and technical issues" raised in the public comments to the proposed rule. According to the announcement, the agency will be issuing a proposed rule to meet its statutory obligations under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA).

EPR Packaging Update

Extended Producer Responsibility (EPR) laws continue to expand across the United States, posing operational challenges for consumer-packaged goods companies by shifting the cost of waste management from municipalities to producers of single-use packaging. Seven states now have full EPR packaging programs in place (California, Colorado, Maine, Maryland, Minnesota, Oregon, and Washington).

The initial reporting deadlines kicked off earlier this year in Oregon and Colorado, and most recently, California had its initial reporting deadline on Nov. 15, 2025.

California producers submitted their reports to Circular Action Alliance (CAA). The state required producers to submit not only the standard packaging information, but also additional plastic-specific information, which CalRecycle will use for its 2023 baseline study for its source reduction efforts under SB 54. CalRecycle remains in the process of finalizing its regulations implementing its program under SB 54, which may be final in early 2026.

In 2026, producers may see an uptick in reporting and fee requirements. We expect CAA, which administers EPR programs in several states, to become the producer responsibility (PRO) appointed in Washington and the stewardship organization appointed in Maine. CAA projects producers having reporting requirements in all seven states in 2026, with some having a May 31, 2026, reporting deadline. Further, Colorado and Oregon will issue invoices for their first full year of fees to producers, with installment payments in January and July. California may issue its early fee in August 2026.

Oregon's EPR program faces a pending legal challenge, with a preliminary injunction on file. But for the time being, companies may expect EPR programs to persist.

California Climate Disclosure Laws

California continues to lead the nation in sustainability and regulatory initiatives, most notably with its climate disclosure package, SB 261 and SB 253. Both laws were set to have reporting requirements in 2026, commencing with the Jan. 1, 2026, deadline under SB 261 for companies to publish and submit a climate-related financial risk report to the California Air Resources Board (CARB).

The laws have drawn political and industry pressure. CARB missed its July 1, 2025, deadline to issue regulations implementing the law as it struggled to decide how to approach regulating such a large program. In 2025, it held webinars discussing its ideas for draft regulations, many of which changed throughout the year. Only recently has CARB issued an initial draft of regulations, which it expects to finalize sometime in 2026. In these draft regulations, CARB set an initial reporting deadline for SB 253 reports for Aug. 10, 2026, and an initial fee deadline for Sept. 10, 2026. It also defined key concepts, including what it means to "do business in California."

Overlaying the agency's activities has been the federal court case the U.S. Chamber of Commerce, the California Chamber of Commerce, and other industry groups have brought challenging the laws as unconstitutional. Plaintiffs filed a motion for preliminary injunction, but the district court denied the motion, which plaintiffs appealed to the Ninth Circuit.

On Nov. 18, 2025, the Ninth Circuit issued an order partially granting the motion for preliminary injunction pending the appeal for SB 261, but denying any stay of SB 253. The injunction order did not clarify whether this applied to all potentially subject parties or only the named plaintiffs. However, CARB later clarified in guidance that it would not enforce the Jan. 1, 2026, deadline for the SB 261 reports, pending the court's decision. Following a Jan. 9, 2026, hearing in the Ninth Circuit, CARB may release further guidance on how the agency will move forward with its enforcement of SB 261.

SB 261 hangs in the balance based on the court's decision, and CARB has not yet required any reports. Still, CARB is moving ahead with its implementation of SB 253 ahead of the proposed August 2026 deadline.

California Covered Battery-Embedded Products Law

Manufacturers and retailers will see more compliance requirements in California in 2026 with the state's new covered battery-embedded products e-waste program going into effect. SB 1215, passed in 2022, expands a previous e-waste program to cover battery-embedded products, establishing a point-of-sale fee along with reporting and notification requirements. The point-of-sale fee to consumers took effect Jan. 1, 2026, which means that retailers will either need to be prepared to charge the fee to consumers on subject products or pay the fee themselves. Manufacturers must annually notify retailers of their products that are subject to the laws, as well as report information to CalRecycle starting in 2027.

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