The different legislative efforts to control its presence in consumer goods range from minimal to extremely rigorous with California, of course, leading the way. The numerous product categories under regulation extend from artificial turf to cosmetics to firefighting gear. Textiles, especially outerwear, are targeted by most of the states with PFAS restrictions. Removing all PFAS based chemistry from the consumer market will prove to be difficult with over 10,000 different variations used in a wide variety of products where resistance to oil, grease and water are important.

From the peanut gallery it looks like the odds are stacked against effective regulation of PFAS in apparel. First of all, there isn’t the same resistance to the use of PFAS chemistry globally that we see in the West, so many countries will continue to allow it. The next obstacle is the sheer size of the textile industry. There are somewhere around 100,000 textile mills and finishing plants worldwide, many of them in places without supply chain restrictions of any kind. Enforcement of PFAS restrictions in the United States is murky. Testing is difficult with only a few dozen labs in the U.S. capable of even testing for PFAS. And who responds when a garment shipped from overseas, or Texas, tests hot? The biggest obstacle to PFAS regulation in the U.S. will be the patchwork of rules that vary from state to state. The PFAS chemistry on a ski jacket can be against the law in one state and sold without prejudice in the state next door. PFAS could end up being a lot like fireworks, illegal most everywhere and yet they still end up on your street every July.

Established brands and national retailers are already avoiding potential violations, and the associated bad press, by cleaning up their products and insisting on a PFAS free supply chain. This realignment adds to their cost of goods and prices are reflecting the change. In addition the increasing demand for PFAS free textiles will continue to outpace supply and keep prices high. A problem not easily solved as it takes factories a long time to achieve certifiable compliance. Becoming third party certified PFAS free isn’t cheap and it isn’t easy.

On the flip side are the brands and retailers serving unregulated markets at home and abroad. They don’t care about PFAS and will continue to use it to their benefit and ignore the toxicity. A secondary shadow market that claims to sell the old fashion ‘good stuff’ could emerge. It is worth noting that these players are free to do business in the majority of American states.

In summary, PFAS isn’t going away anytime soon. The unfortunate fact is PFAS chemistry works well and is currently easier and cheaper to source than non-toxic alternatives. What is needed is a national ban on PFAS chemistry in consumer goods and quick phasing out of its use in all industries. n

Disclaimer: Mr. Gray’s opinions and thumbnail analysis are his own. The publisher may not share in his conclusions.