Cal. HSC § 108981 — California Code / Code hsc / Division 104 / Part 3 / Chapter 14 / Section 108981
Section 108981
Status: in_force

The Legislature finds and declares all of the following:

(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly toxic and highly persistent in the environment.

(b) PFAS are referred to as “forever chemicals” because they are extremely resistant to degradation in the natural environment, including the water, the soil, the air, and our bodies, because of their carbon-fluorine bond, one of the strongest bonds known in nature.

(c) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including breast and other cancers, hormone disruption, kidney and liver damage, thyroid disease, developmental harm, and immune system disruption, including interference with vaccines.

(d) PFAS are used to provide stain, grease, and water resistance in a wide variety of consumer products, including food packaging, cookware, cleaning products, rugs and carpets, home furnishings, household linens, childcare products, and apparel, including outdoor wear and beauty and personal care products.

(e) Because of the widespread use of PFAS, they can be found in water, air, fish, and soil at locations across the nation and the globe. Due to this widespread use, the federal Centers for Disease Control and Prevention’s National Health and Nutrition Examination Survey (NHANES) found PFAS in the blood of 97 percent of Americans, suggesting virtually ubiquitous exposure of Californians to these highly toxic chemicals. This widespread use has also resulted in broad PFAS dispersal in indoor and outdoor environments, including the PFAS contamination of the drinking water of approximately 16 million Californians, particularly in disadvantaged communities, of breast milk, and of indoor and outdoor air.

(f) The European Union has committed in its “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” to phasing out PFAS unless a specific use is proven essential for society, in part because the costs from exposure to PFAS in Europe have been estimated between fifty-two billion euros (€52,000,000,000) and eighty-four billion euros (€84,000,000,000) per year, or between fifty-eight billion dollars ($58,000,000,000) and ninety-five billion dollars ($95,000,000,000).

(g) The Legislature has acted to protect Californians from exposure to PFAS by recently enacting laws to ban firefighting foams, paper-based food packaging, and specified children’s products containing any of the full class of PFAS chemicals. The Legislature has also acted to restrict the total PFAS concentration in products labeled compostable, and in products labeled recyclable. In 2020, the Legislature also acted to ban the use of 13 specified PFAS substances in cosmetic products.

(h) PFAS chemicals have been found in a wide variety of cosmetics and personal care products, including foundation, mascara, lipstick, and various eye and face products.

(i) The Legislature intends to protect the health of Californians and the environment by prohibiting the sale or distribution of any beauty or personal care product containing PFAS chemicals.