“If we were a cooking trade show, we would be talking about Teflon-coated pans right now,” said Steve McCullough, event director of Functional Fabric Fair, adding, “That’s what most people think of when they think of PFAS.”
McCullough referred to the forever chemicals Perfluoroalkyl and Poly-fluoroalkyl, commonly known as PFAS. As of January 1, 2025, the selling and distributing of apparel and textiles goods containing PFAS will be illegal in New York and California.
Since their primary function is for water repellency, an oil and stain-resistant treat, and even flame retardancy, it is a hot topic amongst exhibitors and attendees of the trade show that caters to brands who produce outdoor gear and technical clothing.
Speaking on the topic to show attendees who will need to navigate and comply with the new laws was Ammi Borenstein, the founder and principal of Snaplinc Consulting, which counsels brands on sustainability strategies and ESG support. FashionNetwork.com attended the show to understand the new legislation better.
Borenstein’s discussion kicked off with a real-time interactive survey to address the topic; from what the name conjures up, to awareness of the law and how to comply. The chemicals, which are commonly known as PFO8, C8, and C6, are understood to have been used in clothing since the 1950s but have been the target of new legislation as forever chemical toxicity is believed to cause cancer.
New York State initially passed a law in 2023 banning the chemicals in regular and formal wear apparel but extended it to outdoor gear apparel for compliance as of January 2025, with even more distinction for severe weather, which will be affected by the ban as of January 2028. California’s AB 1817 act bans the sale of any textile; thus, it covers shoes, leather goods, and apparel and includes components such as zippers, buttons, or other hardware. Borenstein also noted California has a new law in the works, California AB 347, that will further the language to require brands to test products, register them, and face severe penalties for non-compliance.
New York’s law currently includes hefty penalties. Borenstein pointed out that since the testing of a garment only costs $115, it might be a fruitful way for state officials to fill budget needs by randomly testing garments and imposing fines on those that don’t pass. The U.S. is leading the European Union, which has yet to instill such laws. Coincidentally, leather contains PFAS, and European luxury brands rely on the ability to produce and sell those. Borenstein’s agency understands the luxury fashion industry needs to be aware of the new legislations and that Snaplinc has been contacted by several big household-name brands looking to organize compliance strategies.
Borenstein made a point to let the audience know that brands will bear the burden of proof regarding whether the goods for sale are PFAS-free or in the guideline of acceptable total organic fluorine, which is below 100 parts per million presently (though it could be adjusted in the future to lower parts per million number).
Brands will have to ready Certificates of Compliance, which retailers will require to prove their goods are PFAS-free. Thus, testing labs such as Intertek and SBS are poised to get busier. He noted big players in the outdoor clothing field, REI, Dick’s Sporting Goods and BackCountry.com, are already requiring them. A primary concern for brands is what to do with existing inventory, which currently can be sold in the other 48 states, but at least 20 more states will follow California and New York with PFAS bans.
Despite brands working on this for several years—one show exhibitor told FashionNetwork.com that the movie 2019 film ‘Dark Waters’ inspired by the events that exposed industrial giant Dupont’s complicity in the chemical toxicity, highlighted the issue for the textile and apparel industry—with the constant flow of goods associated with the apparel industry it’s a not an easy undertaking. There is also the arduous task of meeting EPA requirements, which essentially require brands to report products made with PFAS as far back as 2011. Companies will have until May 2025 to comply, and smaller businesses until November 2025.
Marco Weichert, CEO of Performance Days, a German-based textile show aligned with the Functional Fabric Fair, said the good news is that alternatives to the chemicals have essentially been discovered with a caveat.
“The entire market will drop in terms of water repellency, and the consumer will notice. The new normal is that jackets will get wet. To reactivate the functionality, items need to be washed more often, which is less sustainable. We see brands stepping in to offer dry cleanings and seasonal product spruce-ups. Oil repellency is where it will be noticeable; body fats are enough to harm the garment and think how many times it touches in retail,” Weichert suggested.
One outdoor footwear brand, Keen, has been well acquainted with the process since introducing a voluntary phase-out in 2014. The journey included an audit of the supply chain and a review of where they were being used on unnecessarily used products— on webbing on a sandal—which eliminated 65 percent. Finally, they found PFAS alternatives for the other 35 percent of products, which were PFAS-free by 2018. Packaging followed in 2022. It didn’t come cheap; the brand spent $1 million to achieve this.
Kirsten Blackburn, Keen’s sustainability director, said they happily shared the information with their colleagues, most of which is found on their website. “We open-sourced our Green Paper, a roadmap for other brands to eliminate PFAS from their supply chains. We didn’t want to be part of the problem, and now we want to be part of the solution,” she said.
She advises that brands must dig deep with their suppliers to avoid unwittingly obtaining them, creating a restricted chemical list and policy, and be prepared for the long haul to rid the persistence of the chemical’s presence.
“Becoming PFAS-free requires a commitment across your entire value chain. Not every company has the budget or resources to assign a person or department to this task. However, until we all take action to remove PFAS from our shared supply chain, these toxic chemicals will continue to bioaccumulate,” she added.
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