Bans on PFAS in Cookware: Litigation and Legislative Challenges

Beginning on January 1, Minnesota’s ban on intentionally added PFAS went into effect, impacting the sale of 11 categories of products[1], including cookware. Minnesota defines “cookware” to include all “durable houseware items used to prepare, dispense, or store food, foodstuffs, or beverages” including “pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.” Each violation carries a penalty of up to $25,000 per day.

On January 6, CSA, a cookware industry group based in California, filed a lawsuit arguing that the ban discriminates against out-of-state manufacturers and unduly burdens interstate commerce in violation of the Commerce Clause. CSA sought a preliminary injunction which would prohibit Minnesota from enforcing the ban while the lawsuit played out.

On February 25, the District of Minnesota entered an order denying CSA’s request for a preliminary injunction. In denying the request, the court noted that CSA would be unlikely to succeed on the merits of this argument.

Despite this setback, CSA has had success lobbying legislatures to exempt cookware from PFAS bans based on the safety of a specific class of PFAS, namely fluoropolymers such as polytetrafluoroethylene (PTFE, commonly known as Teflon), that has long been used to provide the non-stick surfaces for cookware. Fluoropolymers themselves are generally considered to be highly inert and non-toxic, and not susceptible to degradation to other, potentially toxic, PFAS unless subjected to extraordinary conditions such as incineration. CSA stresses that fluoropolymers are so safe that they are used to coat implantable medical devices like pacemakers.

In 2024, the legislatures in both California and New York added cookware exemptions to their proposed PFAS bans at the urging of CSA. The California bill, with the cookware ban removed, became law, but the New York bill did not. The New York legislature has now reintroduced a bill that would ban multiple PFAS-containing products, including cookware, but CSA remains hopeful that it can again achieve an exemption.

The CSA may next set it sights on a Connecticut bill prohibiting intentionally added PFAS in 12 categories of products[2], including cookware. The ban goes into effect on July 1, 2028, and unlike other states’ laws, does not contain a waiver process for unavoidable uses of PFAS. While Governor Ned Lamont signed the bill, he noted that it may lead to “challenges in the wide-spread manufacture and distribution of durable cookware and certain other categories of products.” Gov. Lamont therefore urged the legislature to consider an exemption for PTFE or provide exemptions or waivers for certain unavoidable uses. As a result, the legislature is currently considering an exemption for certain fluoropolymer-coated durable items (like cookware) that the US Food and Drug Administration currently authorizes for food contact. The proposed exemption is being opposed by environmental groups, who claim that it would set a precedent for other products and states.

The Consumer Products group at ArentFox Schiff is available to answer questions about how your company can prepare for PFAS litigation. Please feel free to reach out to the authors or any attorney on our Consumer Products team.