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SENATE, No. 1281 STATE OF NEW JERSEY 222nd LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION Sponsored by: Senator LINDA R. GREENSTEIN District 14 (Mercer and Middlesex) Senator SHIRLEY K. TURNER District 15 (Hunterdon and Mercer) Co-Sponsored by: Senator Mukherji SYNOPSIS Prohibits sale, manufacture, and distribution of certain apparel containing intentionally added perfluoroalkyl and polyfluoroalkyl substances. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. An Act concerning perfluoroalkyl and polyfluoroalkyl substances in apparel and supplementing Title 56 of the Revised Statues. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in this section: “Apparel” means: (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions, which includes outdoor apparel designed for persons who engage in outdoor sports not marketed for general consumer use to provide health and safety protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow. “Apparel” shall not include personal protective equipment, clothing items for exclusive use by the United States military, or equipment and protective apparel designed to be used for the safe operation of a motorcycle or off-highway vehicle. “Intentionally added PFAS” means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as that term is defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229). b. Beginning two years after the effective date of this act, no person shall sell, offer for sale, manufacture, or distribute for sale or use in the State any apparel containing intentionally added PFAS. c. A violation of the provisions of subsection b. of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). d. Nothing in this section shall be construed to impose liability on any news media that accept or publish advertising for any product or activity that would otherwise be subject to the provisions of this section. 2. This act shall take effect immediately. STATEMENT This bill would prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of apparel containing intentionally added PFAS within the State. As defined in the bill, “apparel” means (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions. Personal protective equipment, clothing items for exclusive use by the United States military, and equipment and protective apparel designed to be used for the safe operation of a motorcycle or off-highway vehicle would be exempt from the bill’s provisions. A violation of the bill’s provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's consumer fraud act. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
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