Minnesota Introduces Comprehensive Ban on PFAS and Regulates Heavy Metals in Cosmetics

Minnesota, a state in the United States, will impose stringent regulations on the amount of lead and cadmium present in cosmetics starting August 1, 2023. Furthermore, the deliberate use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetics sold within the state would be prohibited as of January 1, 2025.

On May 24, 2023, the governor of Minnesota signed H.F.No. 2310 bill, which covers environment, natural resources, climate and energy finance and policy. The bill includes a comprehensive ban on PFAS, as well as restrictions on lead and cadmium in certain consumer products.

Relevant stakeholders shall pay close attention to this bill and make necessary adjustments to their production and supply chain strategies in accordance with the regulations and requirements set forth.

PFAS Ban

• Effective January 1, 2025, the sale, offering for sale, and distribution of certain products with intentionally added PFAS will be prohibited in Minnesota. These products include carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture.
• Between January 1, 2025, and January 1, 2032, the Minnesota Pollution Control Agency (PCA) will further restrict products that are intentionally added with PFAS, particularly those posing a higher potential for contamination or harm to the state’s environment and/or natural resources.
• Starting January 1, 2032, the sale of any product containing intentionally added PFAS will be prohibited in Minnesota, unless the authority confirms that the use of PFAS in the product is unavoidable at this stage.
  Notably, the 11 product categories banned from sale since January 1, 2025, cannot be considered as products where the use of PFAS is unavoidable at the present stage. In the future, the authority will identify specific products and product categories for which the use of PFAS is deemed unavoidable.

The law also mandates product manufacturers to disclose the presence of PFAS. Manufacturers or distributors of products sold, offered for sale, and/or distributed in Minnesota that contain intentionally added PFAS are required to provide the following information to the authority by January 1, 2026:

• A brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;
• The purpose for which PFAS are used in the product, including in any product components;
• The amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;
• The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and
• Any additional information requested by the commissioner.

Failure to provide the required information will result in the prohibition of selling, offering for sale, and distributing such products in Minnesota.

Restrictions on Lead and Cadmium

In addition, the regulation sets lead and cadmium restrictions in particular consumer goods. With effect from August 1, 2023, any of the following products that have lead or cadmium levels over the designated limits are forbidden from being imported, manufactured, sold, possessed, distributed, or offered for sale in Minnesota