New Jersey bans PFAS in cosmetics starting in 2028

The state of New Jersey has taken a firm step in regulating persistent chemicals with the passage of law S1042 – Protecting Against Forever Chemicals Act, in effect since January 12, 2026.

Within this regulation, the cosmetics sector faces a significant change: the marketing of products containing intentionally added PFAS will be prohibited from January 12, 2028.

Table of contents

1. What is considered a PFAS under this law?

2. Are there any exceptions?

3. Transition period: key to taking action

4. Risks of non-compliance

5. Strategic approach: reformulation and traceability

6. Conclusion

New Jersey bans PFAS in cosmetics starting in 2028

What is considered a PFAS under this law?

The legislation defines PFAS as fluorinated organic compounds that contain at least one fully fluorinated carbon atom.

Furthermore, the concept of "intentionally added" is broad and includes:

• Ingredients incorporated for their functionality (e.g., water repellency, texture, sensory qualities)

• Substances that generate PFAS degradation byproducts

This means that not only is the final formula evaluated, but also the chemical behavior of the ingredients over time.

Are there any exceptions?

Yes, but very limited.

The law only considers the presence of technically unavoidable traces, provided they originate from:

• Impurities

• Migration from materials

This puts the focus directly on the quality of raw materials and the control of suppliers.

Transition period: key to taking action

Companies have a 2-year adaptation period (until January 2028).

During this time, it will be critical:

• Audit existing formulations

• Identify surfactants or fluorinated polymers

• Validate supplier declarations

• Evaluate PFAS-free alternatives

Risks of non-compliance

Failure to comply with the regulations may result in:

• Significant administrative sanctions

• Product recall

Beyond the legal impact, there is a clear reputational risk in a context of increasing pressure on persistent substances.

Strategic approach: reformulation and traceability

This regulation confirms a clear trend in the US:

Greater state control over critical chemicals, even outside the federal framework (FDA).

For brands, this translates into an urgent need to:

• Improve supply chain traceability

• Implement raw material verification processes

• Betting on proactive reformulation

Conclusion

New Jersey is positioning itself as one of the most restrictive states regarding PFAS in cosmetics, setting a precedent that other states will likely follow.

Companies that anticipate these changes will not only ensure compliance, but will also gain a competitive advantage in an increasingly demanding market in terms of safety and sustainability.

Get in touch with our team of experts today and stay compilant