Connecticut Provides Required PFAS Wording for Product Labels on Certain Consumer Goods

The Connecticut Department of Energy & Environmental Protection (DEEP) has released an order specifying the approved words and symbols for labeling certain consumer products made with “intentionally added” per- or poly-fluoroalkyl substances (PFAS).

Under CGS § 22a-903c, which became effective in 2024, certain consumer products in designated categories must include an approved PFAS label to be manufactured, sold or distributed in Connecticut beginning July 1, 2026, with an outright ban to follow on January 1, 2028.

Key Compliance Dates

For additional background, see our prior client alert here.

Consumer Goods Subject to PFAS Labeling

The labeling requirements apply to the following consumer product categories:

• Apparel, including daily clothing, swimwear, formal wear, bibs, diapers, footwear, accessories, handbags and backpacks
• Carpets, rugs or any floor covering
• Children's products designed for children under 12 years of age
• Cleaning products
• Cookware used to prepare, dispense or store food, foodstuffs or beverages
• Cosmetic products, excluding soap and prescription products
• Dental floss
• Fabric treatments
• Menstruation products
• Ski wax
• Textile furnishings and goods customarily used in households and businesses, such as drapes, bedding, shower curtains, towels and tablecloths
• Upholstered furniture

Label Requirements

Each label must be clearly visible before the point of sale and constructed of sufficiently durable materials to remain legible for the product's useful life. The label must contain one of the following approved phrases:

• Contains PFAS
• Made with PFAS
• Made with PFAS chemicals
• Made with intentionally added PFAS
• This product contains PFAS chemicals

Producers or manufacturers may propose alternative label language for review and approval by submitting requests to DEEP.PFASInProduct@ct.gov. Additional words or symbols approved by DEEP will be posted on DEEP's “PFAS in Products” website.

Notification to DEEP

The law also requires manufacturers of covered products sold or distributed in Connecticut to give prior written notification to DEEP.  The notification must include: a brief description of the product; the type, amount and function of PFAS in the product; and any related analytical data.  CGS § 22a-903c(b)(1)-(4) provides additional details on notification requirements.

Next Steps for Affected Parties

Manufacturers, retailers, wholesalers and distributors should audit their product lines to determine whether any products fall within the covered categories and contain intentionally added PFAS.

Affected parties should begin implementing PFAS-labeling protocols now, well before the July 1, 2026 deadline, to avoid losing market access and minimize the risk of an enforcement action by DEEP.  Compliance planning should include coordination with suppliers, retailers and other supply chain partners to procure labels with compliant PFAS notice language and integrate them into production and distribution processes.

Forthcoming PFAS Ban

As noted, the 2024 law also established a full phase-out date for intentionally added PFAS in the consumer product categories listed above, as well as wet conditions apparel and firefighter turnout gear, regardless of labeling, notice or disclosure compliance.  Affected parties must make the necessary adjustments to eliminate PFAS from these products by the January 1, 2028 deadline to continue sales and distribution in Connecticut.

As always, please contact a Shipman environmental attorney with any questions or for assistance.