As regularly reported by the Environmental Law Monitor, state legislatures have increasingly been taking action independent of federal government regulation to address the significant challenge of eliminating per- and polyfluoroalkyl substances, commonly referred to as PFAS from their jurisdictions.
Shortly after the Environmental Protection Agency finalized its first-ever drinking water standards for six PFAS in April, Colorado on May 1 became the 13th state to pass legislation seeking to ban PFAS from the marketplace. Specifically, Colorado’s new law, SB24-081, targets the sale and distribution of products containing “intentionally added” PFAS from multiple industries while incorporating gradual product phaseout timelines for compliance. In 2025, outdoor apparel for severe wet conditions that contain intentionally added PFAS must be accompanied by a PFAS disclosure. As part of the phaseout timeline plan incorporated into the new law, outdoor apparel will be banned from sale and distribution within the state in 2028 along with other products such as textiles and food equipment for commercial settings that contain intentionally added PFAS. The Colorado Legislature targeted multiple other products for a quicker compliance timeline, including cookware, dental floss, menstruation products, and ski wax containing intentionally added PFAS. Even artificial turf containing intentionally added PFAS is specifically addressed in the new law. It will be banned from installation beginning in 2026.
Just like Colorado borrowed certain elements of its new law from other states, it is anticipated that other states may incorporate certain aspects of Colorado’s SB24-081 into the development of their own PFAS laws and regulations.