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New Jersey recently enacted the “Protecting Against Forever Chemicals Act” (the Act), which prohibits intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in various consumer products beginning in January 2028. See N.J. Stat. Ann. §§ 56:3-53, -63 (2026); 13:1D-71, -73 (2026). The Act also requires the state to implement a source reduction program to reduce the presence of PFAS in the state’s environmental media and directs the state to conduct PFAS research, as well as monitoring and testing to detect the presence and impact of PFAS within the state. The text of the Act is available here.
Cosmetic Products, Carpets, Fabric Treatments and Food Packaging
Pursuant to the Act, after January 12, 2028, no person is allowed to sell, offer for sale or distribute for sale in New Jersey cosmetic products, carpets, fabric treatments and food packaging that contains intentionally added PFAS. The prohibition does not, however, apply to the sale or resale of used carpets and fabric treatments. Certain technically unavoidable trace quantities of PFAS shall not cause the products to be in violation of these provisions.
The phrase “intentionally added PFAS” means “PFAS added to a product or intentionally used during the development of a product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function.” Also included within the definition are “any degradation byproducts of PFAS.”
“Intentionally added PFAS” does not “include a technically unavoidable trace quantity of PFAS which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product or product component.”
Cookware Labeling Requirements
After January 12, 2028, manufacturers of cookware sold in New Jersey that contain intentionally added PFAS in the handle or other parts of the product that come into contact with food, foodstuff or beverages must comply with certain labeling requirements, including a statement on the product label that the product contains PFAS.
Additionally, no person is allowed to sell, offer for sale or distribute for sale in New Jersey cookware that contains PFAS unless the cookware and the manufacturer comply with certain labeling requirements. Cookware may be exempt from these requirements under certain circumstances where it is difficult to affix a product label, such as cookware with a very small surface area that does not have an exterior container or wrapper for labeling. Any cookware product to which the manufacturer has intentionally added PFAS may not be labeled as PFAS-free.
If the cookware only “contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product, that trace quantity will not cause the product to be in violation” of the Act’s prohibition of the sale of cookware containing PFAS absent labeling.
PFAS labels that comply with another state or federal law shall be deemed to be in compliance with the Act. For example, the Connecticut legislature passed a law in 2024 that regulates intentionally added PFAS in consumer products and includes product labeling requirements. Effective on or after January 1, 2026, the Connecticut law provides that “no person shall manufacture, sell, offer for sale or distribute for sale in this state any . . . cookware . . . if such product contains intentionally added PFAS unless such product is labeled . . .” to indicate that it contains PFAS and certain notifications are made to the Connecticut Department of Energy and Environmental Protection. After January 1, 2028, cookware containing intentionally added PFAS may not be distributed in Connecticut. See Conn. Gen. Stat. § 22a-903c(b), (c), (d). If a company’s labeling of cookware for PFAS complies with Connecticut’s labeling requirement or another state’s requirement, it would also comply with New Jersey’s requirement. PFAS compliance requires state-by-state monitoring of labeling requirements with respect to cookware and other goods, especially given that there was PFAS-related legislative activity in 2025 in several states.
Enforcement of the Act
The New Jersey Division of Consumer Affairs in the Department of Law and Public Safety (the Division) is charged with enforcing the Act. The Division may audit or investigate specific manufacturers, conduct audits of random samples of manufacturers, recover audit costs, issue administrative orders, initiate civil actions, impose penalties, prohibit sales of noncompliant products, and issue notices to the public of violations.
Civil administrative penalties may be imposed for a violation of the Act. When the Division finds, through a specified procedure, that a person has violated the Act, the Division is “authorized to impose a civil administrative penalty of not less than $1,000 nor more than $20,000 for each violation, provided that each day during which the violation continues shall constitute an additional, separate, and distinct offense.” In addition, “[i]n assessing a civil administrative penalty, the division shall consider the severity of the violation, the measures taken to prevent further violations, and whether the penalty will maintain an appropriate deterrent.”
A person who violates any provision of the Act, any regulation adopted pursuant thereto, or administrative or court orders issued through its enforcement procedures or who fails to pay any civil administrative penalty imposed under the procedures required by the Act or who knowingly makes a false statement on an application, record report or document required by the Act “shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense.” These penalties may be collected pursuant to a summary procedure under the Penalty Enforcement Law of 1999 (N.J. Stat. Ann. §§ 2A:58-10, -12) or in a civil action commenced by the Division.
In the event that the Division institutes a civil action in Superior Court for appropriate relief, that relief may include the “assessment against the violator for the costs of any investigation, inspection, or audit that led to the discovery and establishment of the violation, and for reasonable costs of preparing and litigating the case under this subsection.”
Source Reduction and PFAS Research
The Act requires the Department of Environmental Protection (the Department) to establish and implement a source reduction program to reduce PFAS in New Jersey’s environmental media, and directs the Department to conduct PFAS research and comprehensive monitoring and testing of the presence and impact of PFAS on New Jersey’s environmental media. Information resources targeted to industrial and commercial users of PFAS and educational programs targeted to the general public are provided for. The Act includes a $4.5 million budgetary allocation to implement these and related provisions.
Implications for Manufacturers, Distributors and Retailers
New Jersey is among an expanding number of jurisdictions taking regulatory action on PFAS. Companies should stay informed about the evolving regulatory environment to ensure compliance and reduce the risk of enforcement actions and litigation.
Notably, the Act defines manufacturers to include the “person that manufactures a product or whose brand name is affixed to the product.” In addition, when the product is imported into the United States, the term manufacturer includes “the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product, does not have a presence in the United States.” These manufacturers, as well as distributors and retailers, should evaluate the potential presence of PFAS in their products and develop a compliance plan aligned with state requirements.
Buchanan is monitoring PFAS legislation in New Jersey and nationwide. Our environmental team can answer questions and help your business better prepare for compliance with evolving PFAS laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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