Colorado has enacted Senate Bill 24-081, aimed at safeguarding health and the environment by banning PFAS, also known as “forever chemicals.” The new law introduces a phased prohibition on the sale and distribution of products containing PFAS, impacting personal and home care industries.
By January 2026, the sale and distribution of various PFAS-containing products, including cleaning supplies (air care included), cookware, dental floss, menstrual products, and ski wax, will be banned. The legislation also prohibits the installation of PFAS-containing artificial turf, reflecting concerns about the environmental effects of synthetic materials.
PFAS are commonly used in products like band-aids, toilet paper, period products, and cosmetics. Although some concerns exist, the UK-based Cosmetic Toiletry & Perfumery Association has stated that PFAS are infrequently used in cosmetics and, when they are, they comply with strict regulations ensuring safety.
Senator Lisa Cutter, who spearheaded the bill, celebrated its passage on social media, noting the significant effort involved and the pushback from stakeholders. She emphasized the importance of monitoring the bill and ensuring that no critical provisions are overlooked.
Colorado’s objective is to reduce PFAS exposure, promote safer alternatives, and address the health and environmental issues associated with these chemicals.
Industry Concerns
The American Chemical Society (ACS) has expressed concerns that the legislation could disrupt families and businesses across Colorado. They argue that PFAS, with their diverse chemistries, are essential to many products and that a blanket ban could impact health, safety, and societal functions. The ACS also cites concerns from the Department of Defense about the national security implications of losing access to PFAS.
The ACS points out the challenges faced by other states and the EU in regulating PFAS. For example, Maine’s 2021 PFAS ban led to numerous extensions and regulatory delays. European industries have raised concerns about the lack of alternatives, causing delays in the EU’s consideration of a PFAS ban.
In response, some EU nations are proposing their own bans. For instance, the French Senate recently approved a PFAS ban in cosmetics, and Denmark has allocated significant funds for PFAS cleanup efforts. The EU’s broader phase-out strategy began with the Chemicals Strategy for Sustainability in 2020.
Expanded Provisions
Starting January 2025, Colorado will require disclaimers on outdoor clothing for extreme weather if it contains PFAS. By January 1, 2028, the law will extend to include medical floor maintenance products, textiles, severe weather apparel, and commercial food equipment containing PFAS.
The bill’s phased approach is designed to give businesses time to adjust while addressing urgent health concerns and supply chain issues. However, the ACS advises that Colorado lawmakers should collaborate with industry stakeholders to develop practical, science-based legislation that considers the essential uses of PFAS.
