Effective April 1, 2022: Treatments Containing Perfluoroalkyl or Polyfluoroalkyl Substances for Use on Converted Textiles or Leathers

On April 1, 2022, DTSC finalized a regulation pursuant to the Safer Consumer Products Regulations to list a new Priority Product: treatments containing perfluoroalkyl or polyfluoroalkyl substances (PFASs) for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes.

Domestic and foreign manufacturers of such aftermarket treatments that contain any member of the class of PFASs and whose products are placed into the stream of commerce in California were required to submit a Priority Product Notification (PPN) for those products by May 31, 2022. After submitting the PPN, manufacturers had the option to submit one of the following through CalSAFER by September 28, 2022:

• a Chemical Removal Intent/Confirmation Notification;
• a Product Removal Intent/Confirmation Notification;
• a Product-Chemical Replacement Intent/Confirmation Notification; or
• a Preliminary Alternatives Analysis Report or these alternate reporting options.

While the responsibility for compliance is first on manufacturers, if a manufacturer fails to comply, the responsibility of compliance may shift to importers or retailers, if DTSC notifies them accordingly.

Manufacturers of treatments for converted textiles or leathers whose products do not contain PFASs do not need to take any action.

Available Alternatives

To facilitate manufacturers’ search for alternatives, we assembled a non-exhaustive list of alternatives to PFASs that are currently used, or could be used, in treatments for converted textiles or leathers. The alternative chemicals and products on the list have not been vetted for safety or performance and listing them does not constitute an endorsement by DTSC.

Manufacturers that are responsible for complying with DTSC’s listing of Treatments Containing PFASs for Use on Converted Textiles or Leathers as a Priority Product will need to consider the safety and performance of these and other alternatives in their Alternatives Analysis.

Rationale for Priority Product Listing

PFASs are a class of chemicals characterized by highly stable carbon-fluorine bonds and used in many applications. DTSC has identified treatments for converted textiles or leathers as significant sources of human and ecological PFAS exposures, especially via inhalation during product use. Treatments for converted textiles or leathers are frequently used in homes and in several occupations. They contribute to ubiquitous environmental contamination and exposures, as do other consumer products such as food packaging, cosmetics, and waterproof clothing.

There is evidence that exposure to PFASs can lead to adverse health outcomes in humans. If humans are exposed to PFASs through diet, drinking water, or inhalation, these chemicals remain in the body for a long time. As people continue to be exposed to PFASs, the levels in their bodies may increase to the point where they suffer from adverse health effects. Studies in laboratory animals indicate that some PFASs can cause reproductive and developmental, liver and kidney, and immunological effects, as well as tumors. Findings from human epidemiology studies include a small increase in serum cholesterol levels among exposed populations, as well as possible decrease in infant birth weights, effects on the immune system, cancer, and thyroid hormone disruption. Some PFASs have also been linked to phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity.

Based on the criteria in the Safer Consumer Products Regulations, we have determined that treatments containing PFASs for use on converted textiles or leathers have the potential to cause significant and widespread adverse impacts to sensitive subpopulations, including fetuses, infants, young children, pregnant women, carpet and upholstery cleaners, workers in upholstered furniture, furnishings, clothing, shoe, and carpet stores, as well as auto dealership workers and auto detailing technicians; to environmentally sensitive habitats; and to threatened and endangered species. Given their known hazard traits, replacing currently used PFASs in  treatments for converted textiles or leathers with other members of the PFAS class could constitute a regrettable substitution. Hence, this regulation covers treatments containing any member of the class of PFASs intended for use on converted textiles or leathers.

More details can be found in the Product-Chemical Profile.

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