Intentionally Added PFAS

“Intentionally added PFAS” refers to PFAS that are deliberately included in a product, mixture, or manufacturing process for a functional purpose (e.g., water resistance, oil repellency, chemical resistance, non-stick properties). This is distinct from PFAS present as unintentional impurities or contaminants. Several U.S. state laws (e.g., Maine, Minnesota, Washington, Colorado, New York) use “intentionally added” as the threshold for product bans and disclosure requirements, rather than a numeric concentration limit.

Maine LD 1503 (2021); Minnesota SF 2744 (2024); Washington HB 2658; Colorado HB 22-1345; New York S.8817.

The “intentionally added” standard is particularly challenging for supply chain compliance because it requires understanding the purpose behind each PFAS presence—not just whether it exists above a concentration limit. Manufacturers must survey suppliers to determine whether PFAS in their components are there deliberately or as incidental contamination. This requires robust supplier questionnaire programs and documented responses.

A textile manufacturer uses a C6 fluorotelomer-based finish to make outdoor jackets water-repellent. The PFAS is intentionally added for function. Under Maine’s PFAS law (effective January 2030 for most products), this product cannot be sold in Maine unless an exemption applies. The manufacturer must either reformulate or cease sales in that state.