Ahmad Al-Kurdi, a HeplerBroom summer associate and third-year law student at Washington University School of Law, provided invaluable assistance in drafting this article.
Introduction
Illinois is often on the leading edge of environmental legislation and regulation. The state’s legislature recently passed two bills that will regulate the use of PFAS in consumer and personal goods. The Governor is expected to sign them this summer.
House Bills 2516 and 2409 ban intentionally added PFAS in certain products over the next eight years. The chart below shows what some researchers have found to be the prevalence of PFAS in products targeted by this legislation as well as the year a ban would become effective.
| Current Percent of Tested Products Containing PFAS | ||
| Product | PFAS Prevalence | Year Ban Effective |
| Cookware | 79% of non-stick cooking pans20% of nonstick baking pans[1] | 2032 |
| Cosmetics | 50-60% (waterproof mascaras are highest at 82%)[2] | 2032 |
| Dental Floss | 33%[3] | 2032 |
| Juvenile Products (school uniforms, crib bedding, etc.) | Approximately 30%[4] | 2032 |
| Menstrual products | 22-65%, depending on product type[5] | 2032 |
| Firefighting gear | Approximately 78% of firefighter gloves, hoods, and wildland gear[6]100% of firefighter turnout gear[7] | 2027 for auxiliary equipment2030 for clothing |
| Food packaging | 46% of wrappers, trays, and containers[8] | 2032 |
Analysis of Bills
Key Provisions
The following chart highlights the key differences between HB 2516 and HB 2409, including scope, timelines, requirements, and exemptions.
| Scope | Cookware, cosmetics, dental floss, juvenile products, menstrual products, food packaging | Firefighting personal protective clothing (turnout gear, gloves, hoods, wildland gear) and auxiliary firefighting equipment |
| PFAS Target | Products with intentionally added PFAS | Protective gear/equipment with intentionally added PFAS |
| Ban Effective Date | 2032 | 2027 for clothing2030 for auxiliary equipment |
| Additional Requirements | Civil penalties:· up to $5,000 for first offense· $10,000 for subsequent violations | · Written notice to buyer about PFAS content (effective 2026)· Buyer must keep records for 3 years and present to Illinois EPA on request |
| Exemptions | Certain fluoropolymers approved by Illinois EPA if proven not harmful | None specified |
| Comparable Laws | Similar bans in Maine and Connecticut lack Illinois’ fluoropolymer exemption | Massachusetts ban & notice requirement (notice in 2025, ban in 2027) |
In short, HB 2516 targets a broad range of consumer goods and has a later compliance date and limited exemptions. In contrast, HB 2409 focuses narrowly on firefighting gear, with earlier deadlines and added notice and recordkeeping requirements.
A More Detailed Look at the Bills’ Provisions
HB 2516 – If the Governor signs HB 2516, the sale or distribution of cookware, cosmetics, dental floss, juvenile products, menstrual products, and food packaging containing intentionally added PFAS will be banned in Illinois beginning in 2032. Violations will have civil penalties up to $5,000 for the first offense and up to $10,000 for each successive violation.
Other states, such as Maine[9] and Connecticut,[10] have passed similar legislation. However, unlike its Maine and Connecticut counterparts, Illinois’ bill contains exemptions for certain fluoropolymers that are solid at standard temperature if those products are approved by the Illinois EPA as not being harmful to the environment or public health. Although there is no list of approved fluoropolymers, those that satisfy the Act’s structural definition could include:
- PTFE (commonly used in cookware and sometimes used in other listed categories)[11]
- PFA, FEP, and PVDF (sometimes used in cookware)[12]
Currently, the only state with a similar exemption for fluoropolymers is New Mexico.[13]
HB 2409 – If the Governor signs HB 2409, the PFAS Reduction Act, 415 ILCS 170/5, will be amended to include definitions of “auxiliary firefighting personal protective equipment” and “firefighting personal protective clothing.” HB 2409 would also adopt 415 ILCS 170/20, which bans the manufacture, sale, and distribution of any firefighting personal protective clothing containing intentionally added PFAS beginning in 2027. It would apply similarly to auxiliary firefighting personal protective equipment beginning in 2030.
Adoption of 415 ILCS 170/20 via HB 2409 would also require any seller of firefighting personal protective clothing containing PFAS to provide a written notice to the purchaser identifying PFAS-containing items and the reason PFAS are added. This requirement would be effective in 2026. The Bill would also require the buyer to keep a copy of the notice on file for at least three years from the date of purchase. That notice and any associated sales documentation would need to be presented to the Illinois EPA within 60 days of its request. (Massachusetts has a similar statute that requires notice of PFAS inclusion in 2025 and bans PFAS in firefighter’s protective gear in 2027.[14])
Conclusion: Prepare for Compliance
Given the widespread use of PFAS in affected industries, all stakeholders must understand this legislation and ensure compliance to avoid penalties. Manufacturers, distributors, and retailers should verify their products don’t contain the banned PFAS. Businesses need to either find viable alternatives or ensure any fluoropolymers used qualify for the HB 2516 exemption.
Because the approval process for fluoropolymers remains unclear, staying informed is essential.
[1] Ecology Ctr., What’s Cooking? PFAS and Other Chemical Hazards in Non-Stick Cooking and Baking Pans (Dec. 2020), https://www.ecocenter.org/our-work/healthy-stuff-lab/reports/whats-cooking.
[2] Graham F. Peaslee et al., Fluorinated Compounds in North American Cosmetics, 8 Env’t Sci. & Tech. Letters 538, 540 (2021), https://pubs.acs.org/doi/10.1021/acs.estlett.1c00240.
[3] Katie E. Boronow et al., Serum Concentrations of PFASs and Exposure-Related Behaviors in African American and Non-Hispanic White Women, 29 J. Exposure Sci. & Envtl. Epidemiology 63 (2019), https://doi.org/10.1038/s41370-018-0109-y.
[4] Sarah L. Johnson et al., How Well Do Product Labels Indicate the Presence of PFAS in Consumer Items Used by Children and Adolescents?, 56 Envtl. Sci. & Tech. 6294 (2022), https://pubs.acs.org/doi/10.1021/acs.est.1c05175.
[5] PFAS ‘Forever Chemicals’ Are Turning Up in Menstrual Products. Here’s What You Need to Know, Time February 9, 2023, https://time.com/6254060/pfas-period-chemicals-underwear-tampons/ (last visited August 14, 2025).
[6] Andre L. Thompson et al., Per- and Polyfluoroalkyl Substances in Textiles Present in Firefighter Gloves, Hoods, and Wildland Gear, NIST Tech. Note 2313 (Dec. 2024), https://www.nist.gov/news-events/news/2024/12/pfas-found-firefighter-gloves-hoods-and-wildland-gear.
[7] Andrew C. Maizel et al., Per- and Polyfluoroalkyl Substances in New Firefighter Turnout Gear Textiles, NIST Tech. Note 2248 (May 2023), https://www.nist.gov/publications/and-polyfluoroalkyl-substances-new-firefighter-turnout-gear-textiles.
[8] Maria Rossi et al., Per‑ and Polyfluoroalkyl Substances in Food Packaging: Migration, Toxicity, and Management Strategies, 58 Envtl. Sci. & Tech. (2024), https://pubs.acs.org/doi/10.1021/acs.est.3c03702.
[9] Me. Rev. Stat. 38 §1614, https://legislature.maine.gov/statutes/38/title38sec1614.html.
[10] Conn. Gen. Stat. §22a-903, https://www.cga.ct.gov/2023/pub/chap_446z.htm#sec_22a-903a.
[11] Everything to Know About Teflon Melting Point, Peflon, https://peflon.com/everything-to-know-about-teflon-melting-point/ (last visited Aug. 8, 2025).
[12] Id.; R. Dallaev et al., Brief Review of PVDF Properties and Applications Potential, 14 Polymers 4793 (2022), https://www.mdpi.com/2073-4360/14/22/4793.
[13] HB 212, 2025 New Mexico Legislature, https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=212&year=25
[14] MA session laws 2024, Chapter 182, https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter182.