NY Bans PFAS in Apparel: Is Your Business Ready?
Do you sell new or used apparel/clothing that may contain PFAS in New York State?
Recent scientific studies have suggested that exposure to per- and polyfluoroalkyl substances (PFAS) compounds may negatively impact human health and the environment. As part of a broader initiative to reduce PFAS in consumer products, the New York State Department of Environmental Conservation (NYSDEC) enacted a law under section 37-0121 of the Environmental Conservation Law (ECL). The law restricts the use of PFAS in apparel, including outdoor clothing designed for wet weather conditions. These restrictions started on January 1, 2025 (new apparel) and will be fully in place by January 1, 2028 (wet weather apparel). Here are the key points:
- Prohibition on Intentionally Added PFAS in Apparel: Effective January 1, 2025, no person shall sell or offer for sale any new, not previously used, apparel containing intentionally added PFAS. Note that this prohibition applies whether you manufacture the apparel in New York State or import the apparel from another state or internationally.
- Prohibition on Intentionally Added PFAS in Outdoor Apparel for Severe Wet Conditions: Effective January 1, 2028, this restriction applies specifically to outdoor apparel for severe wet conditions.
- Definition of PFAS and Intentionally Added Chemical: PFAS are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. An intentionally added chemical is one that serves an intended function or technical effect in the product.
What Businesses Should Know
Even if your company does not manufacture in New York, these restrictions still apply if your products are sold in the state. This includes direct sales, online retail, or distribution through third-party vendors.
You should consider:
- Reviewing supplier certifications
- Conducting product testing
- Assessing product formulations for intentionally added PFAS
Why This Matters Beyond New York
New York is part of a growing trend—other states (such as California, Maine, and Washington) are also implementing PFAS restrictions across various product categories. If you're selling nationwide, a proactive PFAS compliance strategy is critical to avoid future disruptions.
What You Can Do Now
- Audit your product lines and supply chain to identify where PFAS may be present
- Engage suppliers about material contents and compliance documentation
- Evaluate alternative materials that meet performance standards without relying on PFAS
- Monitor evolving regulations in other states and countries
Need Help?
PFAS compliance is complex, especially when supply chains span multiple geographies and regulatory frameworks. Antea Group helps companies identify PFAS in their products, evaluate supply chain risk, and prepare for upcoming restrictions. Reach out to our team of experts today to get answers to your questions!
