Vermont Legislature passes nation-leading bill to protect residents from PFAS

May 7, 2024 in Vermont Business Magazine

Today, the Vermont Legislature passed legislation (S.25) to ban per- and polyfluorinated substances (PFAS) and other toxic chemicals from personal care products, and to ban PFAS from apparel, cookware, artificial turf, and children’s products. The bill includes a first-in-the-nation ban on phthalates, formaldehyde, mercury, and lead among other harmful chemicals in menstrual products, and the first ban on PFAS in incontinence products. Each vote on this bill in the Vermont Senate and House was unanimous, and it now heads to the governor’s desk for consideration. 

Photo by Vanessa Bucceri

Lauren Hierl, Executive Director of Vermont Conservation Voters, noted: “Today, the Legislature took a critical step to protect Vermonters’ health by restricting the use of toxic chemicals like PFAS in a range of products we use every day - from cosmetics to cookware, clothing, and children’s products. This bill continues Vermont’s leadership role in acting to reduce Vermonters’ unnecessary exposure to dangerous chemicals.” 

The chemicals banned by this bill are linked to numerous negative human health impacts. PFAS chemicals are linked to kidney and testicular cancers, high blood pressure, thyroid disease, and suppressed immune system function. Phthalates are a class of hormone-disrupting chemicals that have been found to threaten reproductive harm, lower fertility, increase the risk of testicular and prostate cancer, and add to “brain drain” symptoms like increased ADHD. Formaldehyde is a known carcinogen that is widely understood to cause allergic skin reactions and rashes. 

The U.S. Environmental Protection Agency (EPA) recently finalized rules to set the first national drinking water standard for PFAS chemicals. The EPA estimates the rule will prevent nearly 10,000 deaths over decades and significantly reduce serious illnesses. They acknowledged that these chemicals can harm human health at extremely low levels.

Despite the harm they can cause, toxic chemicals continue to be used in a variety of products.  

"Vermonters shouldn’t have to worry about carcinogens and forever chemicals every time they shop for essentials like clothing and personal care products. This is a complex and technical arena, and it isn't fair to expect Vermonters to avoid toxic chemicals on their own. We as a state can and should tell companies selling these products that they need to be doing what is right for the health and safety of Vermonters,” said Representative Dane Whitman (D-Bennington), a member of the House Committee on Human Services.  

Whitman added: “By addressing cosmetics and other personal care products, including menstrual products, textiles including clothing and other apparel, artificial turf, cookware, and products marketed to kids, we continue to close the gap on the products of highest concern for public health. S.25 is another big step in the right direction, and we have much more work to promote public health and prevent disease by controlling toxins in our homes and communities." 

From production to transportation, use, and disposal, toxic chemicals pose threats to communities throughout their lifecycle. As recently demonstrated by the spill of thousands of gallons of PFAS-laden leachate at Vermont’s landfill, throwing away toxic products can result in downstream contamination issues. 

S.25 targets several different areas of consumer products that are major sources of exposure and environmental contamination: 

• Bans a list of chemicals and chemical classes from personal care products and menstrual products

• Bans PFAS from:

  • all textiles, including apparel 

  • artificial turf fields

  • children’s products

  • cookware

For each of these product categories, there are safer and cost-comparable alternatives already available. This bill aligns Vermont more closely with states like California, Minnesota, Maine, and Washington, which have already taken action to address toxic chemicals in these products. Further, many retailers are already starting to move away from the use of these toxic substances in the products they sell. This bill will protect Vermonters, help spur the market, and support other states in taking action to restrict harmful chemicals in consumer products.