Six states already prohibit cosmetics that contain intentionally added per- and polyfluoroalkyl substances (PFAS), the so-called "forever chemicals" used in some long-wear, water-resistant and smooth-texture products: California, Colorado, Minnesota and Washington since January 1, 2025, and Maine and Vermont since January 1, 2026. Oregon and Rhode Island follow on January 1, 2027, and Connecticut, New Mexico and New Jersey in 2028. There is still no federal rule. If you sell nationally, state law is effectively setting your formula.
What FDA found
In December 2025 FDA delivered the PFAS report MoCRA required. Using product listing data, it found 51 PFAS intentionally added to 1,744 cosmetic formulations and assessed the 25 used most often. For 19 of those 25, FDA said it lacked the toxicology data to determine safety. It rated five as low concern and flagged one, perfluorohexylethyl triethoxysilane, as a potential concern at the highest use level in body lotion. FDA did not propose a rule and says it will keep monitoring the data. We read the report as a sign that federal action is not close, not as reassurance.
How the state laws differ
Most of these laws treat PFAS as a class, generally any fluorinated organic chemical with at least one fully fluorinated carbon atom, and they reach PFAS added on purpose for a function in the product, including breakdown products of something you added. The details vary in ways that matter. Vermont, Rhode Island, Connecticut and New Jersey expressly exclude technically unavoidable trace amounts, while New Mexico's ban applies at any level. Maine also bars cosmetics sold in fluorinated containers. Colorado currently excludes hydrofluoroolefin propellants, but that exclusion ends January 1, 2027. Connecticut has required prior notice to its environmental agency and a PFAS label since July 1, 2026, ahead of its 2028 ban.
Maryland works differently. Its law, in effect since 2025, bans 13 specific PFAS rather than the whole class. But legislation effective July 1, 2026 added civil damages, attorney's fees and state investigation authority for violations, which makes the list worth taking seriously. New York and Pennsylvania have broader bills pending, and Pennsylvania's passed the House in June 2026.
Minnesota adds reporting on top of its ban. The initial deadline was September 15, 2026. Manufacturers that received an extension must report by December 14, 2026.
What to do now
Ask suppliers to certify in writing whether raw materials, fragrances and packaging contain intentionally added PFAS, measured against the class definition rather than a short list of legacy chemicals. Look hardest at long-wear products, film formers, aerosol propellants and fluorinated containers. If you rely on a trace exception, document why the trace is unavoidable, and remember it will not help you in every state. Then plan reformulation around the earliest date in any state you sell into. For many brands that is now January 1, 2027, which is close enough that packaging and inventory decisions are already being made.
How MDRXLaw can help
We help cosmetics brands, manufacturers and importers map state ingredient restrictions, review supplier certifications and labeling, and respond to state and FDA inquiries. To review where your products stand, contact us at info@mdrxlaw.com or 212-668-0200.
Sources: FDA, Report on the Use of PFAS in Cosmetic Products and Associated Risks; Minnesota Pollution Control Agency, Reporting PFAS in Products; Maryland General Assembly, Health-General § 21-259.2; Oregon Health Authority, Toxic-Free Cosmetics Act Rules. This alert is for general information and is not legal advice.
