New Jersey bans PFAS in diapers and apparel 

USA – New Jersey has expanded its “forever chemicals” restrictions to cover most apparel and diaper products, banning the intentional addition of per- and polyfluoroalkyl substances (PFAS) to these items starting in August 2028 and requiring manufacturers to certify compliance. 

The move extends the state’s existing Protecting Against Forever Chemicals Act, which already limits PFAS in cosmetics, carpets, fabric treatments, food packaging and cookware.

Senate Bill 1281, signed by Governor Mikie Sherrill on August 27, 2026, as Public Law 2026, c.76, prohibits the sale, offer for sale, manufacture or distribution in New Jersey of any apparel or diaper product containing intentionally added PFAS. 

Violations are treated as unlawful under the Protecting Against Forever Chemicals Act and can trigger administrative enforcement orders, civil actions in Superior Court, and civil penalties of USD 1,000–USD 20,000 per violation, with some reports noting up to $25,000 per day for continuing violations.

The law defines “apparel” very broadly to include everyday and formal clothing, such as undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, footwear, and everyday uniforms or workwear, as well as outdoor apparel designed for severe wet conditions and specialized outdoor-sports apparel not marketed to general consumers that protects against heavy rain or prolonged exposure to water or snow. 

The ban does not apply to personal protective equipment, clothing made exclusively for U.S. military use, or equipment and protective apparel used for the safe operation of motorcycles or off‑highway vehicles.

“Diaper product” is defined as an absorbent, disposable or reusable product manufactured to be worn to contain human waste, with menstrual products explicitly excluded from this definition. 

The statute defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and the definition also captures PFAS breakdown byproducts, but the law targets intentionally added PFAS rather than imposing a blanket ban on all PFAS presence.

Once the ban is in force, manufacturers must confirm that covered apparel and diaper products are made without intentionally added PFAS, certify this to the New Jersey Division of Consumer Affairs, keep certifications valid for five years and update them whenever the manufacturing process or materials change, and provide a copy of the certification to every buyer or purchaser of the product. 

The Division of Consumer Affairs is tasked with enforcement, and the certification regime is designed to create a traceable record that brands and suppliers can rely on for sourcing decisions.

This apparel-and-diapers expansion follows New Jersey’s earlier PFAS restrictions under the Protecting Against Forever Chemicals Act and comes amid a wider wave of state-level PFAS consumer-product bans, as well as major financial developments in the state’s PFAS litigation, including a USD 2.5 billion settlement with DuPont, Chemours, Corteva and 3M approved in early August 2026 to address PFAS contamination from former DuPont facilities.

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