New California Regulation on PFAS in Textile and Leather Treatments

On April 1, 2022, the California Department of Toxic Substances Control (DTSC) identified another set of consumer products with hazardous traits. The newly identified products are those containing perfluoroalkyl or polyfluoroalkyl substances (“PFASs”) that are marketed or sold to eliminate or repel dirt, stains, oil, or water from converted textiles or leathers (such as carpets, shoes, clothing, and upholstery). These products include cleaners, protectants, spot removers, and waterproofers, but exclude those marketed or sold exclusively for the manufacture of converted textiles or leathers.

What Manufacturers Must Do

Given this identification, manufacturers selling such products in California should start to transition away from PFASs. Domestic and foreign manufacturers should already have submitted a Priority Product Notification to DTSC by May 31, 2022. Manufacturers are further obligated to submit one of the following documents to DTSC by September 28, 2022:

• A Chemical Removal Intent/Confirmation Notification;
• A Product Removal Intent/Confirmation Notification;
• A Product-Chemical Replacement Intent/Confirmation Notification; or
• A Preliminary Alternatives Analysis Report, or one of the alternate reporting options.

Finding Alternatives

DTSC has compiled a non-exhaustive list of chemicals that can be used as alternatives to PFASs.

There is no way to know for sure how these alternatives will perform. Manufacturers of the identified products should therefore begin experimenting with new chemicals now to smooth the transition away from PFASs.

See how PFASTracker tracks federal and state PFAS rules, or see compliance tools built for OEMs managing PFAS across a supply chain. Compare federal and state PFAS reporting deadlines for the fuller picture beyond this one California rule.