Outlook for PFAS, Plastics Pollution and ‘Toxic’ Chemicals in Cosmetics Policies: Safer States

Safer States has released its 2023 analysis of anticipated toxic chemical-related policies across the country, finding that PFAS policies dominate policy agendas in states nationwide. At least 28 states are expected to consider PFAS-related policy, according to the organization’s assessment.  Addressing plastic pollution and toxic chemicals in cosmetics are also expected to be key focus areas for many state policies in 2023. Altogether, at least 31 states will consider approximately 260 bills on toxic chemical policies in 2023.

According to the 2023 analysis that tracks toxics-related policy, the 31 states considering a total of at least 260 bills on toxics legislation include Alaska, Arizona, California, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

“State legislatures are taking the lead to address the challenges and threats from toxic chemicals like PFAS and problematic materials like plastic, said Sarah Doll, national director of Safer States. “The policies that states will consider and enact addressing these challenges in 2023 will have a ripple effect not just across the country, but the entire world.”

Here’s a look at Safer States' assessment for specific issues:

PFAS

PFAS: At least 16 states will consider policy to regulate PFAS such as restricting all uses of PFAS except those that are currently unavoidable; requiring disclosure in products; and/or targeting consumer product categories such as cosmetics, textiles, food packaging, firefighting foam, artificial turf, cookware, ski wax, fracking fluid, and pesticides. These states include: AK, CT, HI, IA, MA, MN, MI, NH, NJ, NY, NV, OR, PA, RI, VT, VA.

Plastics and Packaging

Plastics and Packaging: At least 22 states will consider policies to eliminate problematic plastics and chemicals from plastic and other forms of packaging and/or support the use of reusables, according to Safe States’ assessment.  Multiple states will consider policies that don’t allow packaging to be labeled recyclable if it isn’t truly recyclable and/or contains heavy metals or PFAS. Several will consider policies that directly limit key toxic plastics and chemical additives, and/or create systems that require less plastic, fewer toxic chemicals and no false solutions to manage plastic pollution. These states include: AK, AZ, CA, CT, GA, HI, IL, IA, MD, ME, MA, MI, MN, NH, NJ, NY, OR, RI, TN, WA, WV, VT.

Cosmetics & Personal Care Products

Cosmetics and Personal Care Products: At least 15 states will consider policies that restrict and/or require disclosure on chemicals of concern in cosmetics and personal care products including menstrual products,  according to Safe States’ assessment. Proposed policy in WA addresses cosmetics targeted at women of color. These states include: CA, HI, IL, MA, MI, MN, NV, NJ, NY, OR, RI, TX, VT, WA, WV.

Chemical Disclosure & Restrictions

Chemical Disclosure and Restrictions: At least 8 states will consider policies to strengthen existing or adopt broad safe products policy, create new disclosure provisions or create specific restrictions on particular chemicals of concern. These states include: IA, MA, MN, NJ, NY, OR, TX, WA.

End of Life Solutions

Stronger Accountability and Better End of Life Solutions: At least 13 states will push for stronger accountability and better end of life solutions including: AK, IA, IN, MA, ME, MD, MI, MN, NH, NY, OK, OR, WA. Specifically, at least 7 states (IN, ME, MD, MI, MN, NH, NY) will consider policies for medical monitoring, liability and/or extending the statute of limitations for PFAS lawsuits. In addition, at least 9 states (AK, IA, MA, ME, MD, MN, OK, OR, WA) will consider restricting PFAS disposal, ban incineration, and/or consider solutions to the challenge of addressing PFAS in sewage sludge.

Water

Safer Water: At least 19 states will consider policies to address PFAS and/or microplastics in drinking water, groundwater and/or surface water, according to Safe States. Proposed policies include setting regulatory standards, requiring testing and monitoring, and/or providing financial resources for cleanup. These states include: AK, CA, CT, HI, IA, IN, MD, MA, ME, MI, MN, NH, NJ, NY, NC, SC, VA, WV, WI.