Phasing Out ‘Forever Chemicals’: Navigating U.S. PFAS Regulations

Per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals consisting of organofluorines that are resistant to grease, oil, and heat. They were first created in the 1940s and have been increasingly used ever since and are now found in hundreds of products. Examples include stain- and water-resistant fabrics, cleaning products, paints, fire-fighting foams, and more (1). PFAS are commonly known as “forever chemicals” because they contain a carbon-fluorine bond, which makes it hard for them to break down in the environment. PFAS are used in industrial processes, with remnants potentially contaminating soil and waterways. PFAS can last thousands of years, therefore potentially harming individuals for a lifetime. As regulatory scrutiny intensifies and public awareness grows, PFAS has become a focal point in environmental and public health discussions, driving action from governments, industries, and consumers to eliminate these persistent chemicals from everyday products.

The regulation of PFAS in the United States is rapidly evolving, with federal and state governments implementing stricter laws to limit their use and address contamination. The US EPA has established enforceable drinking water standards for PFAS, designated certain PFAS as hazardous substances, and required manufacturers to report their PFAS-related activities under the Toxic Substances Control Act (TSCA). Meanwhile, the FDA has effectively phased out PFAS in food packaging through voluntary agreements with manufacturers. At the state level, at least 11 states have enacted their own restrictions, banning PFAS in consumer products such as cookware, textiles, firefighting foam, and food packaging (13). States like Minnesota and California have taken some of the most aggressive actions, targeting a broad range of products and pushing for industry accountability through lawsuits. 

Additionally, major companies and retailers are phasing out PFAS in response to consumer demand and regulatory pressure. Some industry examples: since 2013, outdoor clothing brand Patagonia has worked to reduce PFAS use, launching PFAS-free DWR finishes in 2019. Currently, 96% of their water-repellent materials are PFAS-free, and they aim for 100% by 2025 (12). They also collaborate with other brands to drive broader change. The fast food industry and major retail stores are committing to reducing PFAS in packaging, textiles, substances, food ware, furniture, etc. (3). Retailer Target recently “announced a new goal by 2025 to remove intentionally added PFAS from owned brand products including but not limited to… formulated, cosmetics, beauty, and cookware items” (3). This shift reflects ongoing regulatory pressure and growing consumer awareness to limit PFAS exposure to people.

Safer States, a national alliance of environmental health organizations working to protect people and the planet from toxic chemicals, claims that “this year alone, 13 Attorney Generals initiated lawsuits against ‘forever chemicals’". A multinational has agreed to a $10.3 billion settlement with U.S. cities and towns over PFAS in drinking water. The company is facing 4,000 lawsuits and will pay the settlement over 13 years to fund testing and cleanup efforts (4). This settlement reflects the growing legal and financial consequences industries face due to PFAS pollution, highlighting the urgent need for safer alternatives. The significant settlement goes hand-in-hand with the US EPA’s (U.S. Environmental Protection Agency) final rule “to reduce PFAS exposure for 100 million people… and reduce tens of thousands of serious illnesses” (6). The Biden-Harris administration finalized the first-ever national, legally enforceable drinking water standards for PFAS (6). 

The US EPA has also taken various regulatory actions under the Toxic Substances Control Act (TSCA) to manage PFAS risks in manufacturing and consumer products (2). The US EPA finalized a rule preventing companies from starting or resuming the manufacture or processing of 329 PFAS that have not been made or used for many years without a complete US EPA review and risk determination (6). Manufacturers must submit comprehensive data about their PFAS-related activities to the US EPA by May 8, 2025, under the TSCA Reporting and Recordkeeping Requirements (8).

In February 2024, the FDA announced that all grease-proofing agents containing PFAS are no longer being sold in the U.S. (7).  Since 2019, the agency has enhanced PFAS testing methods, assessed exposure risks, and worked with manufacturers to phase out certain PFAS-containing substances. The FDA has also ensured that certain PFAS, once used in food packaging, are no longer permitted due to safety concerns. Manufacturers have conducted the phase-out process voluntarily, ensuring that these substances are no longer entering the U.S. market (7). The criteria for phasing out grease-proofing agents include, but are not limited to: scientific evidence of health risks, voluntary market abandonment by manufacturers, regulatory safety reviews, identification of safer alternatives, and concerns over environmental persistence and bioaccumulation.

The state bans target food packaging, textiles, cookware, and firefighting foam. Notably, Minnesota has become the first state to ban the sale of cookware containing PFAS, impacting the availability of nonstick cookware (9). California’s Assembly Bill 1200, prohibits plant fiber-based food packaging containing intentionally added PFAS. Other states, such as Colorado, are phasing out PFAS in children’s products, with Vermont banning PFAS in ski wax (2). Connecticut and Massachusetts were the first two states to ban the PFAS in protective gear worn by firefighters (10). 

According to EPA.gov (11), when state laws on PFAS are absent or differ, organizations can rely on federal EPA actions, including:

• PFAS Strategic Roadmap and funding to reduce risks
• EPA water quality criteria and hazardous substance designations for guidance
• Enforceable national drinking water standards
• Waste disposal and monitoring guidelines
• Federal grants through the Bipartisan Infrastructure Law

In addition to the points mentioned, companies should also be aware of:

• TSCA Reporting and Recordkeeping Requirements: Manufacturers and importers must report PFAS-related activities to the EPA by May 8, 2025 (8).
• EPA’s Ban on Inactive PFAS: The rule prevents companies from manufacturing or processing 329 PFAS without an EPA review (11).
• FDA Actions on PFAS in Food Packaging: The FDA has phased out certain PFAS used in food contact applications, particularly grease-proofing agents (7).
• Upcoming Bans on Specific Uses: Sectors like textiles, cookware, and firefighting foams face additional PFAS phase-outs in certain states (11). 

These federal measures provide a consistent framework for managing PFAS risks where state regulations are lacking or inconsistent.

As PFAS regulations become more stringent, Edelweiss Connect, through its SaferWorldbyDesign initiative, can help guide companies in transitioning to PFAS-free alternatives while ensuring compliance with safety standards at every stage of product development. Our work in the SSbD4CheM project is developing AI-assisted workflows and Alternative Safety Profiling Algorithms (ASPA) to enable systematic hazard assessment, risk evaluation, and environmental scoring for a variety of consumer products.

SaferWorldbyDesign supports businesses in navigating FDA and EPA regulations while facilitating industry collaboration with researchers and regulators. Many sectors are already adapting — food packaging is adopting bio-based coatings, textiles are shifting to fluorine-free water repellents, and electronics are exploring safer heat-resistant materials.

By leveraging SaferWorldbyDesign’s expertise and AI-driven solutions, companies can stay ahead of regulatory changes, reduce environmental and health risks, and drive innovation and next-generation products toward a more sustainable future. 

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References

1. (1) U.S. Food and Drug Administration. (n.d.). PFAS in food and environmental contaminants. U.S. Food and Drug Administration. Retrieved from https://www.fda.gov/food/environmental-contaminants-food/and-polyfluoroalkyl-substances-pfas#:~:text=What%20Are%20PFAS
2. (2) Safer States. (n.d.). More than half of U.S. state attorneys general have taken action against PFAS manufacturers and key users. Retrieved from https://www.saferstates.org/press-room/more-than-half-of-us-state-attorneys-general-have-taken-action-against-pfas-manufacturers-and-key-users/
3. (3) Toxic-Free Future. (n.d.). Retailers committing to phase out PFAS as a class in food packaging and products. Retrieved from https://toxicfreefuture.org/mind-the-store/retailers-committing-to-phase-out-pfas-as-a-class-in-food-packaging-and-products/#:~:text=Toxic%2DFree%20Future
4. (4) Corkery, M. (2023, June 22). 3M reaches $10.3 billion settlement over ‘forever chemicals’ lawsuit. The New York Times. Retrieved from https://www.nytimes.com/2023/06/22/business/3m-settlement-forever-chemicals-lawsuit.html
5. (5) Environmental Working Group. (n.d.). Without intentionally added PFAS. Retrieved from https://www.ewg.org/withoutintentionallyaddedpfaspfc?
6. (6) U.S. Environmental Protection Agency. (2024). Biden-Harris administration finalizes first-ever national drinking water standard for PFAS. U.S. Environmental Protection Agency. Retrieved from https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-first-ever-national-drinking-water-standard
7. (7) U.S. Food and Drug Administration. (2024, February). FDA announces ban on grease-proofing substances containing PFAS in food packaging. U.S. Food and Drug Administration. Retrieved from https://www.fda.gov/food/environmental-contaminants-food/and-polyfluoroalkyl-substances-pfas#:~:text=In%20February%202024%2C%20the%20FDA%20announced%20that%20grease%2D-proofing%20substances
8. (8) Reuters. (2024, July 24). EPA’s new reporting act: A critical mandate for PFAS manufacturers & importers to ensure compliance. Retrieved from https://www.reuters.com/legal/legalindustry/epas-new-reporting-act-critical-mandate-pfas-manufacturers-importers-ensure-2024-07-24/
9. (9 )The Wall Street Journal. (2024). ‘Forever chemicals’ fight heats up in kitchens. Retrieved from https://www.wsj.com/business/forever-chemicals-fight-heats-up-in-kitchens-71555653 
10. (10) The Guardian. (2024, August 23). Massachusetts and Connecticut ban PFAS in firefighter gear. Retrieved from https://www.theguardian.com/environment/article/2024/aug/23/pfas-firefighter-gear-ban-massachusetts-connecticut
11. (11)U.S. Environmental Protection Agency. (n.d.). Key EPA actions to address PFAS. U.S. Environmental Protection Agency. Retrieved from https://www.epa.gov/pfas/key-epa-actions-address-pfas 
12. (12) Patagonia. (n.d.). Our footprint: PFAS and the environment. Retrieved from https://www.patagonia.com/our-footprint/pfas.html
13. (13) Missouri Independent. (2024, October 22). More states ban PFAS, or ‘forever chemicals,’ in more products. Retrieved from https://missouriindependent.com/2024/10/22/more-states-ban-pfas-or-forever-chemicals-in-more-products/