New Jersey enacts the Protecting Against Forever Chemicals Act, taking on PFAS in consumer products

New Jersey is set to ban intentionally added per- and polyfluoroalkyl substances (PFAS) in cosmetics, carpets, fabric treatments, and food packaging, and require labels for cookware with PFAS starting in 2028 as part of the recently enacted “Protecting Against Forever Chemicals Act” (Act).

Unlike states such as California, Minnesota, Washington, Connecticut, New Mexico, and Colorado, the Act does not include registration or reporting requirements for products containing intentionally added PFAS. In contrast with other states, New Jersey also has not conditioned its restrictions on the availability of viable alternatives, and the Act does not establish a framework to exempt currently unavoidable uses of PFAS. Both the sales ban and cookware-specific labeling requirements will come into effect January 2028.

Below, we summarize New Jersey’s PFAS legislation and key considerations as regulations continue to evolve.

Scope of regulated PFAS

Consistent with other states’ consumer product laws, the Act defines PFAS as “substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.” The Act defines “intentionally added PFAS” as “PFAS added to a product or intentionally used during the development of a product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function.” The definition also includes “any degradation byproducts of PFAS.” However, it excludes technically unavoidable trace quantities of PFAS from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging.

Unlike other states, New Jersey does not include total organic fluorine (TOF) content within the scope of regulated PFAS or as a proxy for intentionally added PFAS.

Commerce restrictions and labeling requirements for covered products

Beginning in January 2028, the Act prohibits the sale and distribution of the following goods containing intentionally added PFAS:

• Food packaging


• Cosmetics


• Carpet


• Fabric treatments

In line with California, Colorado, and Connecticut, for cookware products containing intentionally added PFAS, the Act requires labeling but does not ban their sale or distribution. Cookware that contains intentionally added PFAS in the handle or any surface that comes into contact with food, foodstuffs, or beverages must include a product label in both English and Spanish that states “This product contains PFAS.” Cookware that contains a label identifying the presence of PFAS pursuant to another state or federal law will be deemed compliant with this requirement, signaling the state’s alignment with other state PFAS restrictions rather than creating competing expectations.

The Act includes the following key definitions:

• Manufacturer: The Act defines “manufacturer” as “the person that manufactures a product or whose brand name is affixed to the product.” In the case of a product imported into the United States, “manufacturer” is defined as “the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.”


• Food packaging: The definition of food packaging is limited to packaging composed, in substantial part, of paper, paperboard, or other plant fibers intended to contain, serve, handle, protect, or market food and beverage products. Food packaging includes food liners or beverage containers, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays.


• Cosmetics: Cosmetics are defined to include any product intended to be rubbed, poured, sprinkled, or sprayed on, or introduced into or applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance.


• Carpet and fabric treatments: Prohibited carpet and fabric treatments with intentionally added PFAS include rugs or fabrics marketed or intended for use as floor coverings, as well as substances applied to fabric for characteristics such as stain resistance or water resistance.


• Cookware: Cookware is defined as durable household items intended for direct food contact, used to prepare, dispense, or store food and beverages, and that come into direct contact with a heat source or to which heat is transferred.

Exceptions and exclusions

The Act does not ban products that contain intentionally added PFAS only in electronic and internal components, or in used carpet or fabric treatments.

Cookware is exempt from labeling requirements if its surface area cannot accommodate a product label of at least two square inches and the cookware has no exterior container, wrapper, tag, or other attachment on which a label could appear.

The Act also tasks the New Jersey Department of Environmental Protection (NJDEP) with recommending additional consumer products to the state legislature for potential future commerce restrictions. Notably, products containing fluoropolymers are excluded from this initiative, unless the recommendation is based on intentionally added PFAS that are not fluoropolymers.

Compliance, oversight, and enforcement

Noncompliance may result in civil administrative penalties of $1,000–$20,000 per violation per day and court-imposed civil penalties of up to $25,000 per day.

The Act assigns the following responsibilities to state agencies to carry out its requirements and implement enforcement mechanisms:

• Source-reduction program: NJDEP must establish and implement a PFAS source-reduction program to reduce PFAS in environmental media and to encourage proper material management and alternative uses. The program must include, if funding is available, 1) informational resources for industrial and commercial PFAS users, 2) public education initiatives, and 3) grants for publicly owned treatment works and municipalities.


• Environmental sampling: NJDEP must conduct PFAS research and monitoring, including soil, water, and air sampling; biosolid collection and testing; and fish, plant, and animal sampling.


• Rulemaking authority (enabling provisions): The Act expressly authorizes NJDEP and the New Jersey Division of Consumer Affairs (NJDCA) to adopt rules necessary for implementing product prohibitions, labeling requirements, and enforcement provisions.


• Sampling requirements: As part of its audit and investigation authority, NJDCA may test a random sample of covered products to determine compliance, with testing and auditing costs borne by the manufacturer.

Looking ahead

The Act demonstrates states’ continued focus on regulating PFAS in consumer products. As the number of states with PFAS regulations grows, companies involved in the manufacture, sale, and distribution of potentially covered products may face increasing – and potentially incongruent – restrictions and compliance obligations across the US, as well as potential impacts on supply chains.

The Act’s acknowledgment of reciprocity with other state requirements may signal future efforts by states to streamline and systematize compliance for companies with complex, sophisticated commerce functions nationwide.

Learn more

DLA Piper’s PFAS and Emerging Contaminants team monitors the PFAS regulatory landscape and assists businesses with compliance reviews, affirmative compliance strategies, and enterprise-wide PFAS risk assessments.

For more information, please contact the authors.