January 12, 2026, the New Jersey Senate has passed Bill S1221, officially titled the Protecting Against Forever Chemicals Act, which introduces a ban on the sale of cosmetic products containing intentionally added per- and polyfluoroalkyl substances (PFAS), effective in 2028.
Definition of Cosmetics
According to the bill, "cosmetic" means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of any such articles; except that such term shall not include soap.
Prohibition and Requirements
Effective two years after the enactment date (i.e., January 12, 2028), the following restrictions will apply in New Jersey: No person shall sell, offer for sale, or distribute for sale any cosmetic product that contains intentionally added PFAS.
Exceptions:
- If a cosmetic product contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the cosmetic product, that trace quantity shall not cause the product to be in violation of this section.
- The provisions of this section shall not apply to a product that contains intentionally added PFAS only in electronic components or internal components of the product.
Summary of PFAS Restrictions in U.S. Jurisdictions (Cosmetics)
California: As the first major jurisdiction to enact a comprehensive ban on all PFAS in cosmetics, California passed relevant legislation in September 2022, establishing a ban on the intentional addition of PFAS in cosmetics effective January 1, 2025.
Minnesota & Colorado: Beginning January 1, 2025, both states will prohibit the sale, offering for sale, or distribution of cosmetics that contain intentionally added PFAS.
Maine: A ban on the sale of cosmetics containing PFAS will take effect in 2026.
Connecticut: Starting January 1, 2028, the manufacture, sale, and distribution of cosmetics with intentionally added PFAS will be prohibited.
Washington: Effective January 1, 2026, the sale of cosmetics containing intentionally added PFAS, along with seven other restricted substances or categories, will be prohibited.
New Mexico: A ban on the sale of PFAS-containing cosmetics will begin in 2028; a comprehensive ban on all PFAS-containing products will be implemented by 2032.
New Hampshire: From 2027, the sale, offering for sale, or distribution for sale or promotional purposes of PFAS-containing cosmetics will be prohibited.
New Jersey: Starting January 12, 2028, the sale of cosmetics with intentionally added PFAS will be prohibited.
Our Services
- lThe United States Agent
- The United States FDA Cosmetic Facility Registration
- The United States FDA Cosmetic Product Listing
- The United States FDA OTC Drug Registration
- The United States Color Additive Batch Certification
- The United States Cosmetic/OTC Drug Labeling Review
- International Cosmetic Ingredient Name (INCI) Application
If you need any assistance or have any questions, please get in touch with us via service@cirs-group.com.
Further Information:
https://legiscan.com/NJ/text/S1221/id/3312944?sessionid=
