PFAS (Per- and Polyfluoroalkyl Substances) in Food & Cosmetics: Regulatory Intelligence

What Are PFAS?

Per- and polyfluoroalkyl substances — universally known as PFAS or "forever chemicals" — are a class of more than 14,000 synthetic organofluorine compounds defined by a common structural feature: chains of carbon atoms bonded to fluorine atoms. The carbon-fluorine bond is one of the strongest in organic chemistry, which gives PFAS their defining commercial properties — resistance to heat, water, grease, and stains — and makes them virtually indestructible in the environment.

PFAS are not a single chemical. They are a family of thousands of compounds. The most studied members include:

• PFOA (perfluorooctanoic acid) — Legacy long-chain PFAS. IARC Group 1 carcinogen. Stockholm Convention Annex A (2019).
• PFOS (perfluorooctane sulfonic acid) — Legacy long-chain PFAS. IARC Group 2B. Stockholm Convention Annex B (2009).
• PFHxS — Stockholm Convention Annex A (2022).
• GenX (HFPO-DA) — Replacement chemistry for PFOA, now itself subject to EPA limits.
• 6:2 FTOH — Short-chain PFAS used in food packaging grease-proofing. Subject of FDA's voluntary phase-out.

The critical regulatory trend: regulators are increasingly treating PFAS as a class rather than individual compounds. State laws, the EU restriction proposal, and the Stockholm Convention are all moving toward class-based restrictions.

Since the early 2000s, PFAS have been found in the blood of approximately 98% of Americans tested. For the food industry, primary exposure pathways are PFAS used intentionally in food contact materials (grease-proof packaging, pizza boxes, microwave popcorn bags) and PFAS that contaminate food through environmental pathways (agricultural water, biosolids, contaminated seafood).

FDA Regulatory Status

Food Contact Materials: Voluntary Phase-Out Complete

The FDA secured voluntary commitments from manufacturers to phase out short-chain PFAS grease-proofing agents on paper and paperboard food packaging.

• February 28, 2024: FDA announced all manufacturers ceased sales of PFAS grease-proofing agents for food packaging
• January 6, 2025: FDA formally revoked 35 Food Contact Notifications (FCNs) related to PFAS in food packaging
• June 30, 2025: Compliance deadline for exhausting existing stock produced before January 6, 2025

The phase-out was limited to grease-proofing on paper and paperboard. It did not address PFAS in other food contact materials (non-stick coatings, processing equipment, non-paper packaging).

Cosmetics: MoCRA Report Reveals Data Gaps

On December 29, 2025, the FDA published its MoCRA-mandated report on PFAS in cosmetics:

• 51 PFAS are used in 1,744 cosmetic formulations in the U.S. market
• Five PFAS appeared to present low safety concerns
• One PFAS was identified as having a potential safety concern
• For most PFAS, safety could not be definitively established due to insufficient data

There is currently no federal regulation prohibiting PFAS in cosmetics. States are filling this void aggressively.

FDA Total Diet Study

The FDA has been testing foods for PFAS since 2019. December 2025 data (2024 collections) found one or more PFAS in 39 of 542 food samples (~7.2%). Foods with detectable levels included seafood, meat products, dairy, and kale. Four seafood samples showed concentrations beyond trace levels.

Key Deadlines

Date	Event	Type
January 6, 2025	35 PFAS Food Contact Notifications revoked	Federal
June 30, 2025	FDA compliance deadline for existing PFAS food packaging stock	Federal
December 29, 2025	FDA published MoCRA PFAS in cosmetics report	Federal
January 1, 2026	Illinois PFAS food packaging ban takes effect	State
Late 2026	ECHA target for completing EU PFAS restriction evaluation	International
January 1, 2027	New Mexico PFAS food packaging ban takes effect	State
2029-2031	EPA PFAS drinking water compliance deadline (PFOA/PFOS at 4 ppt)	Federal
January 1, 2030	Maine: PFAS banned in ALL products (unless unavoidable use exemption)	State
January 1, 2032	Minnesota Amara's Law: final phase of broader PFAS bans	State

State-Level Bans: Food Packaging

At least 15 states have enacted laws banning PFAS in food packaging. Key jurisdictions:

State	Law	Effective	Scope
New York	S8817	Dec 2022	Intentionally added PFAS in food packaging
California	AB 1200	Jan 2023	Plant fiber food packaging; 100 ppm total organic fluorine
Maine	LD 1503	Jan 2023	Food packaging; ALL products by 2030
Connecticut	SB 837	Jan 2023	Intentionally added PFAS in food packaging
Vermont	S.20	Jul 2023	Comprehensive food packaging ban
Washington	HB 1648	Jan 2023	Specified plant-fiber food packaging
Colorado	HB 22-1345	Jan 2024	Intentionally added PFAS in food packaging
Minnesota	Amara's Law	Jan 2025	Food packaging; broader products phased through 2032
Oregon	HB 3043	Jan 2025	Food packaging
Rhode Island	H 7438	Jan 2025	Intentionally added PFAS in food packaging
Illinois	HB 4144	Jan 2026	Food packaging and food contact products
New Mexico	HB 212	Jan 2027	Food packaging, cookware, other categories

Maine LD 1503 is the most sweeping: by January 1, 2030, all products with intentionally added PFAS are banned unless the DEP grants a "currently unavoidable use" exemption.

PFAS in Cosmetics: State Bans

With no federal restrictions, states have enacted PFAS cosmetics bans:

Effective January 1, 2025:

• California (AB 2771) — Intentionally added PFAS in cosmetics prohibited
• Colorado (HB 22-1345) — Intentionally added PFAS in cosmetics prohibited
• Maryland (HB 643) — Intentionally added PFAS in cosmetics prohibited
• Minnesota — PFAS in cosmetics restricted under Amara's Law
• Washington — PFAS in cosmetics restricted

Additional states (New Hampshire, New Jersey, Oregon, Rhode Island) have bans taking effect 2026-2028.

EPA Drinking Water Standards

On April 10, 2024, the EPA finalized the first-ever PFAS drinking water limits:

• PFOA and PFOS: 4 parts per trillion (ppt) each
• PFHxS, PFNA, GenX: 10 ppt individual limits
• PFAS mixtures: Hazard Index MCL

In May 2025, the EPA retained PFOA/PFOS limits at 4 ppt but moved to vacate limits for GenX, PFHxS, PFNA, and PFBS. The D.C. Circuit denied EPA's request for summary vacatur in January 2026. Compliance deadline proposed to extend from 2029 to 2031.

IARC Classifications

In November 2023 (Monographs Volume 135):

• PFOA: Group 1 — Carcinogenic to humans (same as asbestos, benzene, tobacco)
• PFOS: Group 2B — Possibly carcinogenic to humans

International Status

EU Universal PFAS Restriction (REACH)

Five national authorities submitted a restriction proposal to ECHA in January 2023 covering all PFAS. The August 2025 updated proposal expanded derogated uses from 26 to 74 with phase-out periods up to 13.5 years. ECHA targets completing scientific evaluation by end of 2026.

Stockholm Convention

Progressive PFAS listings: PFOS (2009), PFOA (2019), PFHxS (2022), long-chain PFCAs (2025). The U.S. has signed but not ratified the Convention.

Canada

Proposed adding broad PFAS class to Prohibition of Certain Toxic Substances Regulations under CEPA.

Affected Product Categories

• Pizza boxes, bakery tissue, sandwich wraps, french fry containers
• Microwave popcorn bags
• Fast-food wrappers and takeout containers
• Paper plates and cups
• Compostable/plant-fiber packaging (historically used PFAS for grease resistance)

Cosmetics:

• Foundations, concealers, lip products, mascaras, sunscreens, moisturizers (51 PFAS in 1,744 formulations per FDA report)

Foods at Risk of Environmental Contamination:

• Seafood (particularly freshwater fish, shellfish)
• Dairy products (biosolids pathway)
• Meat products
• Leafy greens irrigated with contaminated water

Other:

• Cookware (non-stick coatings)
• Dietary supplement packaging
• Infant formula packaging

What Companies Should Do

Immediate Actions

1. Audit your supply chain for PFAS. Map every food contact material, packaging component, and cosmetic ingredient against PFAS definitions used by the strictest applicable jurisdiction.

2. Map your state exposure. If you sell in any of the 15+ states with active bans, your compliance obligation is set by the strictest applicable law.

3. Document your PFAS status. Be prepared to demonstrate compliance. California's AG has signaled active enforcement.

4. Review cosmetic formulations. With 51 PFAS across 1,744 formulations in the FDA report, proactively assess reformulation needs.

Medium-Term Planning

5. Prepare for Maine's 2030 all-products ban. The most expansive PFAS law in the nation.

6. Monitor the EU REACH restriction. ECHA draft opinion expected early-to-mid 2026 will signal which categories get derogations.

7. Track replacement chemistry risks. Replacing one PFAS with another is not a durable strategy — class-based restrictions are the direction of travel.

8. Assess water sources. If your facility uses municipal water, confirm PFAS compliance status. If using well water near known contamination sites, conduct PFAS testing.

Regulatory Intelligence

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