Insights & Events

In an article published by Bloomberg Law, Hollingsworth LLP partner Gary Feldon discusses the compliance challenges and litigation risks that multi-state retail chains, internet retailers, and manufacturers face from a rapidly expanding patchwork of state laws governing the sale of consumer goods containing per- and polyfluoroalkyl substances (PFAS).

At least 16 states have now passed bans on the sale of certain types of consumer goods that contain intentionally added PFAS, with some bans already implemented and others being years away from taking effect. Other states mandate special labeling or other disclosures for products containing intentionally added PFAS. More state legislation is currently under consideration.

Distinctions between state laws may pose significant compliance challenges for national retailers and manufacturers. Failing to proactively prepare for these challenges risks government action or private litigation. For example, within a week of Maine’s newly expanded ban on intentionally added PFAS in consumer goods going into effect in January 2026, a nonprofit group found stores and websites selling newly prohibited products and referred them to the state’s Department of Environmental Protection for investigation.

Retailers and manufacturers should consider working with experienced legal counsel to plan for these compliance challenges and respond to any issues. Retailers and manufacturers may wish to consider some or all of the following steps to ensure compliance with state PFAS requirements in this rapidly shifting legal landscape:

• Monitor PFAS legislation and regulations;
• Where appropriate, audit existing products and packaging to determine whether they may be impacted by state PFAS requirements;
• Consider the necessity, availability, and feasibility of supply chain changes to avoid potential compliance problems; and
• Implement internal procedures to prevent sales of products in states where legally prohibited.

If alleged failures to comply with PFAS laws threaten government action or private litigation, retailers and manufacturers should retain counsel with expertise in products litigation paired with a deep understanding of the relevant legal and scientific issues to develop mitigation and response strategies. Properly positioning a company for potential litigation can reduce the likelihood of that litigation subsequently materializing and can help the company’s defense if it does.

Reproduced with permission. Published March 18, 2026. Copyright 2026 Bloomberg Industry Group 800-372-1033.