Key Takeaways:
- New Jersey’s PFAS law expands regulation beyond environmental cleanup to include consumer products, labeling, advertising, and supply chain compliance.
- The statute uses a broad definition of PFAS, increasing compliance exposure for manufacturers, distributors, and retailers.
- Companies have a two-year compliance window before product bans on intentionally added PFAS take effect in key consumer categories.
- PFAS disclosure and labeling requirements create heightened enforcement risk for inaccurate or misleading product and marketing claims.
- Expanded enforcement authority allows New Jersey regulators to impose per-product and per-violation penalties that can quickly escalate exposure.
- Though they are currently in the vanguard, New Jersey’s PFAS product regulations are likely to influence similar laws in other jurisdictions.
On January 12, 2026, New Jersey Governor Phil Murphy signed legislation significantly expanding the State’s regulation of per- and polyfluoroalkyl substances (PFAS), marking one of the most aggressive product-based PFAS initiatives in the country. The new law reflects New Jersey’s continued leadership in PFAS regulation and expands beyond environmental media controls to target consumer products, supply chains, and manufacturing practices.
A Definition Designed to Capture “Everything PFAS”
The statute adopts a sweeping definition of PFAS, encompassing any fluorinated organic chemical containing at least one fully fluorinated carbon atom. This approach captures thousands of substances, effectively eliminating arguments that only a narrow subset of PFAS is regulated.
Bottom line: Companies should assume that PFAS presence, whether intentional or unintentional, falls within scope unless clearly exempted.
Product Bans on Intentionally Added PFAS—and a Two-Year Countdown
Effective two years after enactment, the law prohibits the sale, manufacture, distribution, or offering for sale of products containing intentionally added PFAS in the following categories:
- Cosmetics
- Carpets, excluding used carpet and certain fabric treatments
- Food packaging
- Cookware, unless PFAS is clearly disclosed
For cookware, the statute goes further. It imposes expanded labeling and disclosure obligations that elevate the risk of enforcement actions tied not only to chemistry, but also to advertising, labeling, and online representations.
This mirrors a broader regulatory trend: transparency failures are increasingly treated as enforcement violations, not merely consumer relations issues.
Source Reduction and Research Initiatives
Beyond product bans, the law directs the State to take a more systemic approach to PFAS management.
- Source Reduction Program: No later than one year after the law’s effective date, New Jersey must establish a PFAS source reduction program addressing proper management, reduction, and prevention of PFAS releases.
- Research Funding: The statute also authorizes funding for PFAS related research, reinforcing New Jersey’s dual strategy of aggressive regulation coupled with scientific and technical investment.
These provisions signal that regulated entities should expect continued evolution of PFAS obligations beyond the product categories expressly covered by this law.
Robust Enforcement Authorities and Penalties
The legislation grants the New Jersey Department of Environmental Protection (NJDEP) extensive enforcement authority. For violations, including false or misleading PFAS-related claims on product labels or websites, the Commissioner may:
- Issue administrative compliance orders
- Bring civil enforcement actions in Superior Court
- Levy civil administrative penalties
- Seek injunctive relief and civil penalties
- Order the cessation of sales or distribution of noncompliant products
- Notify the public regarding violations
Critically, civil administrative penalties range from $1,000 to $20,000 per violation, and each noncompliant product or sale may constitute a separate violation, creating the potential for rapid escalation in exposure across Stock Keeping Units (SKUs), product lines, or sales channels.
Not the End—A Signal of What’s Coming Next
- This is not a niche environmental law. It reaches product formulation, labeling, advertising, and supply chain governance.
- Compliance gaps may translate directly into enforcement actions, penalties, and follow on litigation.
- Insurers should expect increased tendering of PFAS related regulatory, advertising injury, and product liability claims, particularly where allegations of misrepresentation or consumer deception arise.
- Now is the window for risk mitigation. Companies should evaluate formulations, supplier certifications, disclosures, and internal review processes well ahead of the two-year effective date.
Why This Matters Beyond New Jersey
New Jersey’s latest action reflects the broader migration of PFAS regulation away from environmental remediation alone and toward product standards and consumer-facing accountability. For nationally distributed products, New Jersey effectively functions as a bellwether, raising the likelihood that similar frameworks will emerge in other states. In short: PFAS risk is no longer confined to the plant gate or the groundwater. It now sits on store shelves and in enforcement crosshairs. Manufacturers, distributors, and retailers, particularly those operating on a national scale, should begin evaluating product formulations, supplier certifications, labeling practices, and compliance programs now to manage risk ahead of the two-year effective deadline.
Do you have any questions about PFAS? Our team is here to help get you answers!
Finally, check out our free Global PFAS Regulatory Dashboard to stay on top of regulatory changes like this one. This tool helps organizations monitor and compare PFAS requirements worldwide, so you can anticipate what is coming next.
