PFAS: States Move Aggressively To Restrict Toxic 'Forever Chemicals'

ACROSS AMERICA — Multiple U.S. states are moving to restrict the use of “forever chemicals” that are used in thousands of consumer products and firefighting foam that have been linked to a host of health problems, including infertility and several types of cancer.

Polyfluoroalkyl and perfluoroalkyl substances, or PFAS, are known as “forever chemicals” because of their durability in high heat and water, which means they remain in the environment for years without breaking down. They’re found in items typically found in U.S. households, including stick-resistant cookware, cosmetics, food packaging and carpets.

The federal government has lagged in regulating PFAS, even though mounting scientific evidence points to their health risks, according to a report by The Washington Post. The Environmental Protection Agency acted earlier this spring to impose limits on six forever chemicals in drinking water this spring. No state is untouched by PFAS contamination.

Washington became the first state in 2018 to regulate the use of PFAS chemicals in firefighting foam, months after U.S. Naval told residents the toxic chemicals from their use in training exercise had contaminated the groundwater near the Naval Air Station at Whidbey Island and they shouldn’t drink water from their taps.

“It was a gut punch,” Dr. Stephen Swanson, a 78-year-old retired emergency room physician, told The Post. Armed with blood tests that showed elevated levels of the chemicals found in the foam, Swanson helped convince the Washington legislature that it should restrict the use of PFAS in firefighting foam and food packaging.

As more research points to the dangerous effects of PFAS, state legislatures have acted aggressively to restrict or ban their use. Minnesota was the latest state to ban the use of perfluoroalkyl and polyfluoroalkyl substances, effective Jan. 1, 2025, with more products to be added beginning Jan. 1, 2026.

The legislation in Minnesota is named in memory of Amara Strande, who died in April, two days shy of her 21st birthday, of liver cancer linked to PFAS chemicals in groundwater in the St. Paul, Minnesota, suburb where she grew up. Diagnosed with cancer when she was 15, Strande had spent the last months of her life campaigning for restrictions that are among the toughest in the country.

“Through her pain and exhaustion, Amara was willing to be a voice of those who have become the victims of illnesses that are linked to these forever chemicals,” her father, Michael Strande, said at a news conference last month. “Amara called on the lawmakers of Minnesota to do what is right in passing laws that will not only protect our environment, and human lives, but also force industries to find alternative ways of manufacturing their products without these deadly chemicals."

About half of U.S. states regulate PFAS chemicals in drinking water on their own or are taking action to expand PFAS monitoring and a dozen are eliminating PFAS in food packaging, according to a list curated by Safer Sates, an alliance of environmental health organizations and coalitions from across the country.

A dozen states have banned the use of firefighting foam containing PFAS, seven have adopted restrictions on PFAS in carpets, rugs and carpet treatments, and five are taking action to ban them in cosmetics.

Major brands, retailers, restaurants and grocery stores are also phasing out their use.

Additionally, attorneys general in 21 states are suing PFAS manufacturers, firefighting foam producers, private companies and the Department of Defense over contamination.

“By 2025, these state laws are going to reach a critical mass, and every industry is going to have to face what these other companies have already faced,” John Gardella, a Boston-based lawyer who represents many of the companies and industries that use the chemicals, told The Post.

The American Chemical Council, the industry’s primary trade group, has said the majority of some 5,000 chemicals in the PFAS group are safe and at least two are problematic at high levels. Banning an entire class of chemicals could block the production of goods such as semiconductors and medical devices.

“We have strong concerns with overly broad state legislation that takes a one-size-fits-all approach to the regulation of these chemistries,” Robert Simon, a vice president with the American Chemistry Council, told The Post. “Furthermore, a patchwork of conflicting state-based approaches could jeopardize access to important products.”

Meanwhile, the Centers for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry has multiple investigations under way to evaluate PFAS in the environment.

Last week, three leading chemical companies reached a $1.18 billion deal to resolve complaints of PFAS pollution in many U.S. drinking water systems.

DuPont de Nemours Inc. and two of its spinoff companies, The Chemours Co. and Corteva Inc., said they would establish a fund to compensate water providers for contamination with the chemicals. They made the chemicals other companies used in firefighting foam, which has tainted groundwater on or near military bases and other areas where training exercises were held.

The agreement would settle a case that was scheduled for trial Monday involving a claim by Stuart, Florida, one of about 300 communities that have filed similar suits since 2018 against companies that produced firefighting foam or the PFAS it contained.

The companies said in a joint statement the proposed settlement would “comprehensively resolve all PFAS-related drinking water claims of a defined class of public water systems that serve the vast majority of the United States population.”

That group could include thousands of public water systems, from large cities to those serving a few thousand residents, said Michael London, lead counsel for one of the law firms bringing the actions. To qualify for shares of the fund, they would have to test their water and detect PFAS.

The Associated Press contributed reporting.