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October 11, 2023

California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes

Lynn L. Bergeson Carla N. Hutton

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to address the presence of PFAS in consumer products. According to Newsom, these bills do not identify or require any regulatory agency to determine compliance with, or enforce, the proposed statute, however. While he “strongly support[s]” the author’s intent and has signed similar legislation in the past, he is “concerned this bill falls short of providing enhanced protection to California consumers due to lack of regulatory oversight.” Newsom states that previously enacted single-product chemical bans, which also lack oversight, “are proving challenging to implement, with inconsistent interpretations and confusion among manufacturers about how to comply with the restrictions.” To instill consumer confidence and address effectively public health and environmental concerns, Newsom directed the California Department of Toxic Substances Control (CDTSC) to engage with the author and the legislature “and consider alternative approaches to regulating the use of these harmful chemicals in consumer products.”