PFAS UPDATE
I n the June 2024 issue of Grassroots Stories , we wrote about imminent PFAS legislation and its ramifications for the outdoor industry. While we’re no longer focused on fall 2024 apparel—brands are selling and retailers are buying for fall 2025, which is largely PFAS-free—some retail- ers are about to get hit with the hurricane-force winds of this legislation, which goes into effect Jan. 1, 2025 in numerous states. Are you ready? Since Grassroots Stories reported on PFAS in June, more states have passed or will pass PFAS bans, including Connecticut, New Hampshire, and Washington. “It’s an expanding map,” says James Pollack, Marten Law’s senior associate leading consumer products regulatory practice. “From a regulatory perspective, states continue to go their own ways, and the patchwork continues to get more patchy.” The good news: Pollack says that a big takeaway from the last legisla- tive session is a growing recognition of the challenges retailers face. In Washington and New Hampshire, proposed PFAS regulations for apparel and outdoor gear allow sales of inventory produced before prohibitions go into effect. Vermont businesses have until 2028 to clear their warehouses of PFAS-containing apparel. Maine had complex reporting requirements, which the state walked back, adopting category-by-category bans instead. In California, the governor empowered a state agency to issue regulations and clarify laws. “Now there is a regulator who can answer questions in California; it’s not perfect, but a step in the right direction,” says Pollack. “Buying retailers more time hasn’t been universally adopted, but the movement is positive.” Bans are spreading geographi- ucts in 2032. Colorado is regulating PFAS in oil extraction. And furniture and cookware PFAS bans have been added in multiple states. Shops need to track apparel and other categories—but lawsuits may target industries other than outdoor. “This is not going away,” says Alex Lauver, Outdoor Research’s senior director materials, innovation, and sustainability. THE ONGOING CONCERN SHARED BY LAUVER, POLLACK, AND RETAILERS we spoke with is the second coming of the outdoor inventory crisis. “We’ve suffered for two years with a post-pandemic inventory glut,” says Lauver. “We’re finally turning the corner … into a second coming of the inventory crisis that’s repressing the industry and causing layoffs, reduced earnings, and more. Sure, brands who predicted or saw the impact of this early are better positioned to weather this storm, but this new inventory crisis will have lasting impact.” cally, and they’re expanding across categories. Maine, Minnesota, and California have or will propose bans on all PFAS-containing products from food packaging and footwear, to children’s and menstrual prod- Ready or Not, PFAS Bans are Coming In the spring Grassroots Stories dove into new PFAS legis- lation that will affect outdoor retailers and manufacturers. Here are the latest developments. By Berne Broudy “This is not going away, there aren’t ways around it.” —ALEX LAUVER, OUTDOOR RESEARCH
a small California retailer. We don’t have the resources to hire a lawyer to help us understand the legislation. There has been no consistent communication from brands or from the state on how I should not just be complying but presenting this to customers. The onus is on me.” Pollack says he expects our understanding of PFAS use will improve over the next year. In 2025, new federal reporting rules require brands to disclose their products’ PFAS content from 2011–2022. “It’s a due diligence requirement to investigate what’s in product to see how pervasive the chemistry is across categories,” says Pollack. “The regulations apply to all industries and include all imported goods.” From the brand side, one of the big lessons of the last year is how pervasive PFAS is and how easily cross-contamination can occur. It’s also self-evident that PFAS won’t be the outdoor industry’s last big chemical concern, and that as circularity becomes de rigeur the PFAS issue will resur- face. “Get your house in order, start to think about this stuff,” advises Lauver. “Outdoor industry chemistry restrictions are only getting more complicated,” says Pollack. “There will be other chemical bans down the road, and the industry needs to do whatever it can so it doesn’t get caught by surprise again.”
Since June, trade associations, including Grassroots Outdoor Alliance, OIA, and AFTA, have started providing resources for retailers. But retailers still have to dig for information, and stores are struggling to find the staff time. “We’ve continued to tweak purchases for this fall based on availability of PFAS-free products,” says Mike Donohue, co-owner of Vermont’s Outdoor Gear Exchange [and author Berne Broudy’s spouse]. “Some brands have cleared warehouse inventory by selling through or shipping to other juris- dictions without PFAS regulations. Brands that have PFAS-containing inventory are offering closeout deals that we’re trying to decide if it make sense to take.” Despite the hassles, Donohue strongly believes in moving to better chemistries. “Bans are being put into place for a good cause— they’re pushing the industry to do things it should have done a while ago,” says Donohue. “But as a single storefront shop that also sells online, we’re still working out how to manage state-by-state legislation, which takes resources, money, and staff time.” FOR OUTDOOR SHOPS, IT’S A TOUGH business environment. “We pur- chased in F24 with the intention of being PFAS compliant, and we’re going on everybody’s word at this point,” says Dave Polivy from Tahoe Mountain Sports. “We’re
GRASSROOTS STORIES 27
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