New Jersey Gov. Mikie Sherrill passes PFAS bill

New Jersey Gov. Mikie Sherrill signed bill S1281 into law Aug. 27. The law prohibits the sale, manufacture and distribution of apparel and diaper products containing intentionally added PFAS beginning in 2028.

Apparel

The bill defines “apparel” as:

• Clothing items intended for regular wear or formal occasions including, but not limited to, 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 work-wear;
• outdoor apparel; and
• Outdoor apparel designed for severe wet conditions

Diaper products

The bill defines a “diaper product” as an absorbent product, either disposable or reusable, manufactured to be worn to contain human waste.

Beginning in 2028, manufacturers of apparel or diaper products are required to certify that each apparel or diaper product manufactured does not contain intentionally added PFAS. Certifications will be submitted to the Division of Consumer Affairs in the Department of Law and Public Safety and will be valid for a period of five years. Additionally, the bill provides certain certification requirements if a manufacturer modifies an apparel or diaper product.

The bill will also require the manufacturer of any apparel or diaper product to provide the certification to any person or entity that purchases apparel or a diaper product from the manufacturer.

Exemptions

Personal protective equipment, clothing items for exclusive use by the U.S. military, equipment and protective apparel designed for the safe operation of a motorcycle or off-highway vehicle, and menstrual products are exempt.

Violations

A violation of the bill’s provisions would be a violation of the state’s Protecting Against Forever Chemicals Act. Violators would be subject to a civil administrative penalty of between $1,000 and $20,000 per violation.

More information

For more information, visit njleg.state.nj.us/bill-search/2026/S1281.