US Federal Agencies Seek Comment/Data for PFAS in Consumer Products

Oct. 13 2023

In the past few weeks, two US Federal agencies have pushed out requests for data and/or public comments related to use of Per- and polyfluoroalkyl substances (PFAS) in manufacturing and consumer products. The Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have taken different approaches to collect this information.

In addition to the recent EPA and CPSC activities, the Modernization of Cosmetic Regulations Act (MoCRA) requires a study of PFAS in cosmetics and scientific evidence of the safety related to use of these ingredients.

US CPSC Seeks Public Comments on use of PFAS in Consumer Products
The CPSC has published a request for comment primarily seeking information related to PFAS for: 1) potential use or presence in consumer products, 2) potential human exposures associated with consumer product use including information about potentially highly exposed population groups, and 3) potential adverse human health effects informed by toxicological data sources. Comments must be submitted by November 20, 2023.

More background and additional information including a report completed by RTI International, CPSC staff's statement on the report, and the accompanying appendices and database files are included at the link below.

Link to Federal Register Notice:
https://www.federalregister.gov/documents/2023/09/20/2023-20332/per--and-polyfluoroalkyl-substances-pfas-in-consumer-products

https://www.cpsc.gov/Research--Statistics/Chemicals

US EPA Releases Final Rule for PFAS Reporting and Recordkeeping
The EPA has released a final rule for reporting certain data related to PFAS manufacturing and use to be published in the Federal Register. This reporting rule does not exempt articles and reporting is expected to include data back to 2011 using reasonable means.

Link to EPA Pre-Publication version of Final Rule page:
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-8a7-reporting-and-recordkeeping

https://www.epa.gov/system/files/documents/2023-09/prepublicationcopy_7902-02_fr-doc_aa_esignatureverified_2023-09-28.pdf

Assessment Required for PFAS in Cosmetics and Safety of Use under MoCRA
Under MoCRA, the Secretary of Health and Human Services is required to assess the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetic products and scientific evidence regarding the safety and risk of this use. By December 29, 2025, the report summarizing results of the assessment must be published on the website of the US Federal and Drug Administration (FDA).

Link to MoCRA (Sec 3506 starting on pg. 1401 of pdf):
https://www.congress.gov/117/plaws/publ328/PLAW-117publ328.pdf

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