Voicing strong concerns regarding proposed restrictions on per- and polyfluoroalkyl substances (PFAS) in apparel to the New York State Department of Environmental Conservation (DEC), American Apparel & Footwear Association (AAFA) has urged the department to reconsider the extremely low proposed limits and to explicitly exempt products made with recycled materials.
The DEC’s proposal suggested setting limits as low as 25 parts per billion (ppb) across ten specific PFAS substances for all apparel products and components. Chelsea Murtha, Senior Director-Sustainability, AAFA, argued this is not only inordinately expensive but is also inconsistent with other state laws. Testing for multiple specific analytes at such granular levels on every component, from zippers to screen prints, would create a tremendous strain on both manufacturers and the department’s resources.
To promote a simpler, more unified regulatory landscape, the AAFA suggested, New York mirror California by adopting a single limit for Total Organic Fluorine (TOF). They recommend a TOF limit of 50 ppm, noting that a recent Notre Dame study found that a TOF result of less than 100 ppm indicates PFAS were not intentionally added. This TOF-only approach, which measures the total amount of organically bound fluorine, is preferred as low concentrations of specific PFAS analytes pose a low chance of exposure and may be present as unintentional trace contamination. The AAFA also requested that companies be allowed to provide evidence to rebut the presumption of intentionally added PFAS if they exceed the TOF limit.
Furthermore, the AAFA strongly advocated for the explicit exemption of products made with at least 50 per cent recycled content from the PFAS regulation. This is critical for promoting the DEC’s stated goal of creating a circular economy. Citing the Apparel and Footwear International RSL Management (AFIRM) Group, AAFA noted, it's currently not ‘economically viable’ for recyclers to sort out products containing PFAS, making a recycled content exemption necessary to enable the industry's shift toward sustainable and circular production.
