U.S. – California Passes Assembly Bill 652 Prohibiting Sale of Juvenile Products Containing PFAS

Vol. 1271 | 11 Oct 2021

On October 5, 2021 the Governor of California approved Assembly Bill 652, which prohibits the sale or distribution of any new, not previously owned, juvenile product containing regulated PFAS after July 1, 2023.

Following are key definitions from the bill:

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” mean either:

PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.

Or

The presence of PFAS in a product or product component at or above 100 parts per million (PPM), as measured in total organic fluorine

"Juvenile Product" means a product designed for use by infants and children under 12 years of age, including, but not limited to, a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress.

The following products are specifically excluded from the scope of requirements:

• Children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord
• Medical device
• Adult mattress
• An internal component of juvenile products that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product

The bill also requires manufacturers to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.

AB-652 can be viewed at: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB652

For questions, please contact Matthew Nudell (matthew.nudell@intertek.com, +1-716-225-9006) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com,+1-847-212-8273).