AB 652 Prohibits Sales of Juvenile Products Containing PFAS: Fluorinated Organic Chemicals

On October 5, Governor Gavin Newsom signed into law Assembly Bill 652 by Assemblywoman Laura Friedman (D-Burbank), related to juvenile products. Section One of the bill adds Chapter 12.5 (commencing with Section 108945) to Part 3 of Division 104 of the Health and Safety Code. Chapter 12.5 is titled “Juvenile Products.”

The bill defines “adult mattress” to mean all mattresses except a crib mattress or toddler mattress; “regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS”; “juvenile product”; “medical device”; and “perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

The new law defines “juvenile product” to mean a product designed for use by infants and children under 12 years of age and then lists 32 types of products, but notes that the law includes those items, but is not limited to that list. However, a “juvenile product” does not include children’s electronic products, a medical device, an internal component of a juvenile product, and an adult mattress.

In addition, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, is prohibited from selling or distributing in commerce in California any new, not previously owned, juvenile product that contains regulated PFAS chemicals. Finally, a manufacturer is prohibited from using the least toxic alternative when replacing PFAS chemicals in a juvenile product in accordance with this new law.