AB 1817 is wide in scope, offers few exceptions, and requires a certificate of compliance.
This is the fourth article in my PFAS series and focusses specifically on California AB 1817. I chose to dedicate a whole post to this bill because of my involvement in eliminating PFAS from both casual apparel and jeans, and because I wanted to highlight some of the industry tools and support that is available. My first and second post provides an overview of PFAS, whereas my third post explains the different types of U.S. PFAS regulations.
AB 1817 broken down into manageable pieces.
AB 1817 can be split into three broad requirements as shown below. It was adopted in October 2022, and will take effect January 1st, 2025. There are a couple of exceptions, both in timing and in the types of products included in the bill.
- It prohibits the manufacture, distribution and sale of textile articles that contain regulated PFAS.
- It requires a manufacturer to use the least toxic alternative.
- It requires a manufacturer to provide a certificate of compliance stating that the textile meets the requirements of the bill and does not contain any regulated PFAS. This certificate would be given to the seller of the textile article.
What is in scope?
The scope is wide. According to the bill, a textile article includes all apparel intended for regular wear and formal occasions. School uniforms, swimwear, workwear, and footwear are in scope.
A textile article also means textile goods used in households and businesses, and includes apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and tablecloths.
What are the exceptions?
There are some exceptions to CA AB 1817. They include:
- Previously owned textile or leather apparel
- Personal protective equipment or clothing items for exclusive use by the United States military
- Outdoor apparel designed for severe weather. This means outdoor apparel designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, to protect the health and safety of the user. These types of articles are not marketed for general consumer use. Of interest is that these articles will be in scope starting January 1st, 2028.
- Carpets and rugs
How is the textile and apparel industry responding?
The apparel industry has had plenty of time to find and use safer alternatives. The Greenpeace DeTox My Fashion campaign targeted PFAS for elimination as far back as 2011, and several brands, including LS&Co., H&M and Keen Footwear have already eliminated them from their products. This was done voluntarily, probably due to NGO pressure and to meet their public-facing commitments. But thanks to CA AB 1817, starting January 2025, it will be the law!
Today, there are numerous non-PFAS durable water repellent (DWR) alternatives available in the marketplace. These include waxes, silicones, polyurethanes, and dendrimer chemistries. Interestingly, 3M will stop manufacturing PFAS after Dec 2025, which seems a bit late to me!
Because these alternatives do NOT offer oil repellency, they are less suitable to textile articles that typically offer stain management attributes such as napery, furnishings, and uniforms.
What resources are available?
The apparel industry has always been very collaborative. Just look at industry groups and multistakeholder groups such as the AFIRM Group, the Outdoor Industry Association, ZDHC and the Textile Exchange, where there has been information sharing and support for years.
Some of the available resources include:
The Green Science Policy Institute, who dedicated one of its Six Classes of Harmful Chemicals to PFAS, recently launched its PFAS Central website
The AFIRM Group will be providing a PFAS-free resource guide. Stay tuned for that or keep checking their website.
The ZDHC MRSL version 3 now includes all PFAS and is used by all ZDHC brand members.
Bluesign has updated its BSSL restricted list version 13, which includes all PFAS, although there is an exception. Exceptions possible for chemical products, based on C6 chemistry, that are intended for essential use as defined in coming EU regulation. Articles need to comply latest 01 July 2024. Bluesign enjoys wide support in the apparel industry, especially in the outdoor sector.
The ZDHC Gateway and the Bluesign Finder list numerous PFAS-free DWR chemical formulations.
Oeko-Tex has confirmed that PFAS will no longer be allowed in textiles, leather and footwear under its Standard 100, Leather Standard and Eco Passport certifications, which will come into effect during the first quarter of the year. Bedding is often certified to the OekoTex 100 standard.
Do you need help with your PFAS elimination strategy, chemical management or sustainability?
For help with sustainability, circularity and chemicals, contact Amanda Cattermole at (415) 412 8406 or Amanda@cattermoleconsulting.com. We can help you develop powerful solutions to protect your company and brand reputation.
Tips and Insights contains information to help you make informed sustainability decisions. Each post highlights a particular topic that you may want to consider for your business.