PFAS Observer
State regulation of per- and polyfluoroalkyl substances (PFAS) continues to accelerate in 2026, with Minnesota and Maine leading the charge. As PFAS regulation from the federal government has slowed, states have driven a complex and rapidly evolving compliance landscape that affects manufacturers and retailers across industries. Regulated entities must brace themselves for initial reporting deadlines, with Minnesota’s first compliance deadline looming on September 15, 2026. In their recent update on Minnesota’s efforts, Reza Zarghamee and Cara MacDonald unpack the latest developments, deadlines and implications.
Articles Posted in States
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Texas Attorney General to Investigate Potential PFAS in Lululemon
On April 13, 2026, the Texas Attorney General’s Office issued a Civil Investigative Demand (CID) to Lululemon USA Inc. based on the alleged presence of PFAS in the company’s apparel. According to Paxton’s announcement, the investigation is necessary to determine whether Lululemon engaged in deceptive trade practices by marketing itself as a health-conscious and sustainable brand and subsequently selling products containing PFAS. A positive determination could form the basis for future enforcement.
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Revisiting Maine and Minnesota PFAS Laws
As the U.S. Environmental Protection Agency contemplates significant reductions in scope to its one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), state laws linger. In particular, it may be worthwhile for companies to revisit the Maine and Minnesota PFAS in products laws, which apply broadly to consumer and commercial products.
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Minnesota PFAS Reporting Requirements Delayed to July 2026
Enacted into law in 2023, Minnesota’s “Products Containing PFAS” legislation, Minn. Stat. § 116.943 (also known as “Amara’s Law”), imposes obligations on manufacturers, importers, and distributors of products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).
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3M Agrees to Enter into Settlement with State of New Jersey and Pay up to $450 Million to Resolve Present and Future PFAS Contamination Claims
On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS contamination at Chambers Works manufacturing facility in Salem County, NJ and (2) all present and future PFAS-related claims that the State of New Jersey has (or may have in the future) against 3M.
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Wisconsin Budget Debate Rekindles Battle Over State PFAS Liability Exemptions
The question is not whether Wisconsin will act on PFAS—but who should pay the bill. As Wisconsin Governor Tony Evers rolls out a sweeping plan to tackle per- and polyfluoroalkyl substances (PFAS) contamination statewide, Republican lawmakers are doubling down on legislation that could exempt polluters and passive receivers from financial responsibility.
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Maryland Files PFAS Suit Against Downstream Manufacturer
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of polytetrafluoroethylene (PTFE), including Teflon®-branded PTFE. The complaint asserts that Gore sourced PTFE from E.I. DuPont de Nemours and Company (DuPont) and Chemours Company—two PFAS manufacturers already facing lawsuits from Maryland—and used it to manufacture expanded PTFE (ePTFE), a microporous material incorporated into various products, including GORE-TEX® breathable, water-resistant fabrics used in outdoor and athletic apparel.
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New York and California’s Restrictions on PFAS in Apparel Takes Effect
New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of January 1, 2025. Clothing companies and their suppliers will be impacted by these state regulations.
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PFAS in Fire Protection Products Continues to Generate Litigation, Liability
Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in the U.S. District Court for the District of South Carolina (“MDL”) and other recent lawsuits.
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New Lawsuit Highlights PFAS Exposure for Fertilizer Manufacturers
A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging that high levels of PFAS in the company’s biosolid-based fertilizers contaminated their water, soil and livestock. The lawsuit alleges that Synagro knew about the presence of PFAS in its fertilizers and failed to warn product users about the adverse health effects associated with exposure to PFAS.