State regulation of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” continues to accelerate nationwide. In April 2026, New Jersey enacted the Protecting Against Forever Chemicals Act (the “Act”), which prohibits the sale of certain consumer products containing intentionally added PFAS and imposes labeling requirements on cookware containing PFAs. The Act takes effect in January 2028.

The statute broadly defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. “Intentionally added PFAS” covers PFAS deliberately added to a product or used during its development to provide a specific characteristic, appearance, quality, or function, including degradation byproducts. The definition excludes technically unavoidable trace quantities from impurities, manufacturing, storage, or packaging migration. Unlike other states, New Jersey does not use total organic fluorine (TOF) content as a proxy for identifying intentionally added PFAS.

Beginning in January 2028, the Act prohibits the sale or distribution in New Jersey of cosmetics, carpet, fabric treatments, and food packaging containing intentionally added PFAS. Food packaging is limited to items composed of paper products or other plant-derived fibers. The prohibitions do not apply to products containing intentionally added PFAS solely in electronic or internal components.

For cookware (i.e., durable household items intended for direct food contact used to prepare, dispense, or store food and beverages), the Act requires labeling rather than a sales ban. Products with intentionally added PFAS in the handle or any food-contact surface must bear a label stating: “This product contains PFAS.” Compliance with an equivalent label under another state or federal law satisfies the requirement, and small items are exempt if they cannot accommodate a two-square-inch label without exterior packaging or attachments.

In several respects, New Jersey’s statute diverges from other state PFAS regimes. Unlike California, Minnesota, and Washington, it imposes no registration or reporting obligations. The Act also does not condition its restrictions on the availability of alternatives or establish a formal exemption process for currently unavoidable uses. The New Jersey Department of Environmental Protection (NJDEP) is tasked with recommending additional product categories for future restrictions, although products containing fluoropolymers are generally excluded from these recommendations unless they also contain intentionally added PFAS that are not fluoropolymers.

Enforcement provisions are significant. The statute subjects violators to civil administrative penalties of $1,000 to $20,000 per violation per day and court-imposed penalties of up to $25,000 per day. NJDEP is required to develop a source-reduction program and conduct environmental monitoring, while both NJDEP and the Division of Consumer Affairs have rulemaking authority. The Division may also perform random product testing at the manufacturer’s expense.

The New Jersey Act adds to the growing patchwork of state-level PFAS restrictions, increasing the potential for multi-jurisdictional compliance challenges and enforcement activity. Companies should anticipate closer scrutiny of product formulations, supply chains, and labeling as the January 2028 deadline approaches, along with possible expansion of regulated categories through NJDEP recommendations. For businesses facing PFAS-related claims or investigations, the law provides clear definitional boundaries, exclusions, and safe harbors that can strengthen defense positions in regulatory actions or civil litigation. Proactive compliance reviews, documentation of due diligence, and monitoring the implementation of these regulations will be critical to mitigating litigation and enforcement risks in this evolving landscape.