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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Earlier this week the EPA announced a broad array of agency objectives regarding per‑ and polyfluoroalkyl substances (PFAS) regulation. Although the agency’s announcement was sparing on details, it provides a few key indicators businesses should note.

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For manufacturers who import articles containing PFAS, the most notable portion of EPA’s press release relates to Section 8(a) of the Toxic Substances Control Act (TSCA). Readers of <a href="https://www.wnj.com/updates/a-new-year-brings-new-pfas-regulations-and-reporting-requirements/">prev</a><a href="https://www.wnj.com/updates/a-new-year-brings-new-pfas-regulations-and-reporting-requirements/" target="_blank" rel="noreferrer noopener">ious eAlerts</a> on this topic will know EPA’s October 2023 rule requires entities that have manufactured PFAS or imported articles containing PFAS to report any such manufacture or import since 2011. Currently, the reporting window for this rule opens July 11, 2025. Although EPA’s press release reaffirms its commitment to this reporting requirement, it notes that the agency plans to implement the rule in a way that will “smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.” Manufacturers of PFAS and importers of PFAS-containing articles should expect their substantive reporting obligations to continue, but EPA’s press release signals the agency may be considering certain exemptions to the requirement or possibly altering the deadlines for reporting.

The Patchwork of State-Law PFAS Restrictions Continues to Grow

The federal government is not the only entity regulating PFAS. Across the country, states are accelerating their efforts to eliminate intentionally added PFAS from everyday products. In the absence of a comprehensive federal framework, states are creating a growing patchwork of laws that manufacturers, distributors and retailers must track carefully. Recent actions in New&nbsp;Mexico and Maine illustrate both the speed and the diversity of those state‑level requirements.

In April, New&nbsp;Mexico joined nearly a dozen other states in establishing a rolling schedule of product bans for certain consumer goods containing intentionally added PFAS. Under this recent legislation, food packaging and juvenile products containing intentionally added PFAS are barred beginning Jan.&nbsp;1,&nbsp;2027, while cosmetics, furniture, carpets and various other goods follow on Jan.&nbsp;1,&nbsp;2028. By Jan.&nbsp;1,&nbsp;2032, nearly all consumer‑facing goods offered for sale in New&nbsp;Mexico must be free of intentionally added PFAS, with narrow carve‑outs for critical medical, electronic and industrial applications. Companies must therefore align research, procurement and distribution plans with the state’s staggered deadlines to avoid stranded inventory and enforcement risk.

Also in April, the Maine Board of Environmental Protection unanimously adopted a rule implementing the state’s 2023 PFAS in Products law. The rule requires manufacturers that wish to keep intentionally added PFAS in products slated for prohibition on Jan. 1, 2026 — including cleaning products, cookware, cosmetics, dental floss, juvenile goods, menstruation products, ski wax, upholstered furniture and most textile articles — to file “currently unavoidable use” (CUU) proposals no later than June 1, 2025. Each proposal must cover a single product category and industrial sector, demonstrate the absence of feasible alternatives and address overlapping restrictions in other states. Failure to obtain CUU status will bar the affected products from sale in Maine at the start of 2026, with additional categories phasing in through 2030 under separate rulemakings.

Key Takeaways for Multistate Suppliers

Recent developments underscore the need for manufacturers and distributors to develop an integrated compliance strategy. Companies should identify intentional and trace PFAS uses in their supply chains, map those uses against each state’s effective dates and prioritize reformulation for categories facing 2026–2028 cut‑offs. Companies should consider these obligations when contracting with suppliers and customers alike to address testing protocols, certification duties, cost allocation and the risk of obsolete inventory. Early engagement with regulators will be critical as both state agencies finalize exemption procedures and enforcement guidance. In the absence of a national standard, vigilance at the state level remains the only reliable path to PFAS compliance. For questions about EPA’s widened ban on PFAS or any other resources, energy and environment matter, please contact Paul Beach or your Warner attorney.

Partner

Paul H. Beach

Regulatory and Compliance

Resources, Energy and Environmental Law

PFAS Regulatory Landscape Continues to Shift: EPA Announces Major Actions and State PFAS Bans Grow

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PFAS Regulatory Landscape Continues to Shift: EPA Announces Major Actions and State PFAS Bans Grow

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