On December 22, 2025, New Jersey’s legislature passed SB 1042, which would restrict the use of intentionally added PFAS in cosmetics, carpet treatments, and food packaging, and impose additional labeling requirements for cookware. If signed into law, New Jersey would join over a dozen states that have adopted similar restrictions.
The bill employs a familiar definition of PFAS: “any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”
Product Bans and Labeling Requirements
Two years after enactment, SB 1042 would ban the sale of the following products with intentionally added PFAS:
- Cosmetics
- Carpet or fabric treatments
- Food packaging
In addition, two years after enactment, SB 1042 would require that cookware containing intentionally added PFAS in a handle or food contact surface include the statement “This product contains PFAS” on its product label. This statement would be required in both English and Spanish and on online listings.
The bill provides the New Jersey Department of Law and Public Safety’s Division of Consumer Affairs significant enforcement authority, including civil penalties of up to $20,000 per day per violation and the ability to conduct random audits to ensure manufacturer compliance.
Exceptions and Exclusions
The bill includes several exemptions that may reduce compliance burdens for manufacturers:
- Trace quantities: Intentionally added PFAS does not include “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 product or product component.”
- Electronic components: The cosmetics prohibition and cookware labeling requirement do not apply to products containing PFAS only in electronic components or internal components.
- Cookware: Cookware intended solely for commercial use are exempt. Cookware is also exempt from labeling if its surface area cannot accommodate a label of at least two square inches and it lacks an exterior container, wrapper, or tag.
Unlike some state-level PFAS legislation, SB 1042 does not establish specific limits on the amount of total organic fluorine in covered products.
Other Provisions
The bill directs the New Jersey Department of Environmental Protection (NJDEP) to:
- Conduct PFAS research and environmental monitoring
- Recommend additional product bans
- Operate a source reduction program
The legislation appropriates $4.5 million for NJDEP to carry out these objectives. NJDEP would be required to submit annual reports starting two years after enactment to summarize its findings.
More on SB 1042, known as the “Protecting Against Forever Chemicals Act,” can be found on the New Jersey Legislature’s website.
Update – January 18, 2026
On January 12, 2026, New Jersey Governor Phil Murphy signed SB 1042 into law.