On June 26, 2024, Rhode Island took a significant step in environmental protection and public health by approving Bill S2152, which regulates the use of Perfluoroalkyl and polyfluoroalkyl substances (PFAS) across various consumer products. PFAS, often referred to as “forever chemicals” due to their persistence in the environment and human body, have been linked to a variety of health issues, including cancer, liver damage, and immune system disruption. The new legislation positions Rhode Island as a leader in the effort to curb the widespread use of these harmful substances.

Overview of the Legislation

Bill S2152 specifically targets the intentional addition of PFAS in products commonly found in households and used by consumers daily. The legislation defines PFAS as any member of the class of fluorinated organic chemicals that contains at least one fully fluorinated carbon atom, a broad definition that encompasses a wide range of chemicals within this group.

The regulation is set to be implemented in stages, with different effective dates depending on the product category:

• Carpets and Rugs: Starting January 1, 2027, the sale of carpets and rugs with intentionally added PFAS will be prohibited. This early implementation date reflects the widespread use of PFAS in these products, often for stain resistance, and the significant potential for human and environmental exposure.
• Cookware, Cosmetics, Fabric Treatments, Juvenile Products, Menstrual Products, Ski Wax, Textile Articles, and Artificial Turf: From January 1, 2029, these categories will be banned from containing intentionally added PFAS. This broad range of products includes many everyday items that may not have previously been associated with PFAS by the average consumer.
• Outdoor Apparel for Severe Wet Conditions: While PFAS are prohibited in these products as well, the legislation includes an exception. If PFAS are used, the product must be clearly labeled as “Made with PFAS chemicals,” starting January 1, 2029. This labeling requirement is intended to ensure transparency for consumers, allowing them to make informed choices about the products they purchase.

Implications and Industry Response

This legislation marks a significant shift in the regulation of PFAS, particularly in consumer products. It reflects growing concern over the environmental and health impacts of these chemicals, which have been found in water supplies, wildlife, and even human bloodstreams worldwide.

The response from industries affected by this legislation is likely to vary. Some manufacturers may need to reformulate products to comply with the new regulations, while others might embrace the changes as a step towards greater sustainability and consumer safety. The labeling requirement for outdoor apparel is a notable compromise, allowing consumers who rely on the performance of PFAS-treated products in extreme conditions to still access these goods, but with full knowledge of their chemical content.

Rhode Island’s proactive approach could serve as a model for other states and countries considering similar measures. As awareness of the dangers posed by PFAS grows, this legislation represents a critical step in reducing the prevalence of these substances in everyday products and, by extension, in the environment and human health.