New Jersey's "Protecting Against Forever Chemicals Act" Signed Into Law: NJ Businesses Face New Compliance Deadline

On January 12, Governor Murphy signed the "Protecting Against Forever Chemicals Act" into law. The new statute is designed to reduce public exposure to perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. These chemicals, often called "forever chemicals," are used widely in consumer products for their water, oil, and grease resistance. They persist in the environment and the human body because of their strong carbon-fluorine bonds, and scientific studies have linked them to serious health risks including cancer, endocrine disruption, and immune system impairment. Nearly all humans tested show some level of PFAS contamination, which prompted the Legislature to act decisively to limit their presence in everyday products and to strengthen environmental monitoring and research programs.

Scope of Regulation

The Act focuses on four major product categories where PFAS exposure is most significant. Two years after enactment, cosmetics containing intentionally added PFAS may no longer be sold or distributed in New Jersey. The same prohibition applies to carpets and fabric treatments, although secondhand items remain permissible. Food packaging made from plant-derived fibers is also subject to the ban, ensuring that materials in direct contact with food do not contain intentionally added PFAS. Trace amounts that are technically unavoidable due to impurities or manufacturing processes are exempt from these restrictions.

Cookware Labeling Requirements

In addition to the above prohibitions and requirements, cookware receives special attention under the Act. Any cookware that contains intentionally added PFAS must carry a clear and conspicuous label stating "This product contains PFAS" in both English and Spanish. This disclosure must appear on physical packaging and in online listings. The Act also prohibits misleading claims such as "PFAS-free" when PFAS are intentionally present. Items that are too small to accommodate a two-square-inch label and lack exterior packaging are exempt, and cookware already labeled under another PFAS law is considered compliant.

Definitions and Exemptions

The statute defines "intentionally added PFAS" as any PFAS deliberately incorporated to achieve a functional characteristic, including degradation byproducts. It distinguishes these from trace quantities that are technically unavoidable. Exemptions extend to internal or electronic components, federally regulated drugs, medical devices, pesticides, research-only products, and certain solid fluoropolymers. These definitions and exemptions are critical for businesses seeking to determine whether their products fall within the scope of the Act.

Enforcement and Oversight

Enforcement authority rests with the Division of Consumer Affairs within the Department of Law and Public Safety. This agency may audit manufacturers, conduct random sampling, and recover audit costs. It can issue administrative orders, initiate civil actions, impose penalties, prohibit sales of noncompliant products, and publish notices naming violators. Businesses have twenty days to request a hearing before a final order is issued, ensuring due process while maintaining strong compliance incentives.

Implementation Timeline

The timeline for implementation is clear. The Act was approved on January 12, 2026, making January 12, 2028 the compliance deadline for prohibitions on PFAS in cosmetics, carpets, fabric treatments, and food packaging, as well as for cookware labeling requirements. The Department of Environmental Protection must launch its source-reduction program by January 12, 2027 and issue its first report within two years of enactment. Consumer Affairs will begin audits and enforcement once the two-year compliance period ends.

Compliance Strategies for Businesses

• For businesses, compliance begins with a thorough PFAS inventory and testing program. Companies should audit all products and raw materials to identify PFAS use and distinguish intentional additions from trace impurities. Where PFAS are intentionally added, businesses must either eliminate them or ensure compliance with cookware labeling requirements. For nonintentional PFAS presence, companies should secure supplier attestations and independent testing to confirm that residual PFAS are technically unavoidable. These records will be essential if audited by regulators.
• Cookware manufacturers must pay particular attention to labeling. Packaging and online listings must display the required bilingual disclosure, and marketing materials must remove any misleading PFAS-free claims. Internal review processes should be updated to prevent noncompliant claims from reaching consumers. For products already labeled under another PFAS law, documentation should be retained to demonstrate compliance in New Jersey.
• Supply chain management is another critical area. Procurement teams should incorporate PFAS declarations into contracts and quality assurance protocols. Where suppliers cannot certify PFAS-free status for intentionally added substances, businesses will need to source alternative materials or redesign products to eliminate PFAS-dependent performance features before the compliance deadline. Testing partnerships can help validate material profiles and confirm the absence of intentional PFAS additions.
• Recordkeeping and audit readiness should be standardized. Companies should maintain detailed product files that include bills of materials, supplier certifications, laboratory test results, packaging proofs, and online listing captures. Exemption determinations, such as those for internal components or small cookware items, should be documented carefully. An internal response plan for enforcement inquiries is essential, given the short twenty-day window for hearings on administrative orders.
• Finally, businesses should monitor regulatory developments. The Department of Environmental Protection's reports will provide insight into PFAS prevalence and potential future restrictions. Changes in federal or other state laws could affect labeling requirements and compliance strategies. Staying informed will help companies adapt quickly and maintain compliance across jurisdictions.

Conclusion

The Protecting Against Forever Chemicals Act represents a significant step toward reducing PFAS exposure and environmental contamination. By banning PFAS in key consumer products, and mandating transparent labeling, New Jersey sets a strong precedent for public health protection. Businesses that act now to audit products, engage suppliers, and implement labeling standards will be well positioned to meet the January 2028 compliance deadline and respond effectively to future regulatory changes.

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