States Enact Bans on Pervasive Chemicals Amidst Industry Pushback

Kenney and his spouse experienced a revelation at a large retail store when they were offered a fabric protectant for a piece of furniture. As the Secretary of New Mexico's Environment Department, Kenney requested the product's data sheet and was surprised to find 'forever chemicals' listed among the ingredients.

“I think about the average person in New Mexico visiting a store, wanting their furniture to last, believing it's safe because of products like these, but it’s not,” he reflects. The irony wasn’t lost on him that an environmental official was almost sold the product.

New Legislative Measures

Recently, New Mexico's governing body advanced a couple of legislative measures that Kenney believes will protect consumers in his jurisdiction. If the governor consents, these laws will start phasing out any consumer items containing added PFAS—compounds resistant to degradation, therefore dubbed 'forever chemicals'—from being sold in the state.

As health and ecological dangers associated with these chemicals rise nationwide, New Mexico joins a few states adopting stringent actions to curtail these substances in consumer goods.

The chemical sector is pushing back against this wave of restrictions, rallying for legislative backing by promoting the safety of their products, and even pursuing legal channels to impede the enforcement of these laws. The specific industry exemptions seen in New Mexico highlight the intense debates unfolding across the nation.

Understanding PFAS

PFAS isn't just a single compound but a collection of thousands, first surfacing in production during the 1930s. Their unique nonstick and durable characteristics rapidly made them commonplace in both industrial and consumer products.

In the late 1990s, litigation against a major chemical firm revealed a long-standing concealment of health risks linked to PFAS from regulatory bodies. Over time, the chemical industry has spent vast sums resolving legal disputes associated with these substances.

Accumulating data indicates that PFAS not only persist in the environment but also accumulate within the human body, leading to various health issues.

State vs. Federal Action

Federal action on PFAS has been limited, prompting states like Maine to pioneer laws banishing consumer products containing these substances. As federal oversight lags behind scientific findings, states are stepping up with their regulations.

An industry collective, facing these state-led initiatives, has strategically testified against such restrictions, notably succeeding in carving out specific exemptions in laws, such as in New Mexico.

The Cookware Industry's Response

The cookware sector, not traditionally active in advocacy, found itself propelled into action following legislation in places like California. Industry leaders have testified across numerous states, opposing or shaping the narrative around these bans.

Exemptions for products containing certain fluoropolymers have been pivotal for the industry, seen not only domestically but mirrored in international decisions, such as those by France.

Looking Forward

Industry representatives argue for a refined understanding of PFAS, advocating that excluding safer forms of these chemicals from overarching bans allows for continued use of necessary products.

Meanwhile, alternative voices express concern that any exemptions impede the overall intent of legislation to curb PFAS usage.

Kenney acknowledges the criticism but sees the current legislative effort as just the beginning of a longer journey, adapting as scientific understanding evolves.

The Path Ahead

As both state and federal entities deliberate on the extent and specifics of PFAS regulation, the evolving dialogue between regulatory bodies and industry will shape the future landscape of these persistent chemicals.

Advocates push for continued exploration of alternatives, challenging the status quo to drive innovation in favor of health and consumer safety.