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A decision by Gavin Newsom, the California governor, to veto a bill that would have banned the sale of cookware and some other consumer products made with toxic Pfas “forever chemicals” may reverberate across the US by slowing or killing similar legislation in other states, public health advocates fear.
California is often looked to for guidance by other states considering new environmental rules, and some legislatures, including large states like New York and Illinois, are weighing bans on Pfas in cookware.
The veto from Newsom, who is considering running for president, hands the industry a new weapon to use in battles over Pfas in other states, advocates say.
“California’s position as the world’s fourth-largest economy would have created momentum to remove Pfas from these products everywhere,” said Andria Ventura, the legislative director for Clean Water Action, which lobbied for the bill. “Now they’re going to say, ‘Look, California’s governor decided this wasn’t the way to go.’ And that’s a blow.”
Advocates are regrouping and attempting to figure out the next step, but some say Newsom’s reasoning for the veto is flawed and so it can be overcome in other states.
The veto followed intense cookware lobby pressure, including from celebrity chefs who have a financial stake in selling Pfas pans, such as David Chang and Thomas Keller. The bill would have also banned the chemicals’ use in cleaning products, kids’ products, dental floss, food packaging and ski wax.
In his explanation, Newsom focused on cookware and said the legislation is “well-intentioned” but added he is “deeply concerned about the impact this bill would have on the availability of affordable options in cooking products”.
Cookware is viewed by public health advocates as low-hanging fruit in their efforts to protect consumers from Pfas because alternatives, such as stainless steel or cast-iron cookware, are widely available and often sell for about the same price.
Pfas are a class of about 16,000 chemicals most frequently used to make products water-, stain- and grease-resistant. The compounds have been linked to cancer, birth defects, decreased immunity, high cholesterol, kidney disease and a range of other serious health problems. They are dubbed “forever chemicals” because they do not naturally break down in the environment.
Pfas are widely used in consumer goods, and the health risks have prompted hundreds of state laws banning or restricting their use, including six that prohibit Pfas in cookware.
The decision offers some insight into how a potential President Newsom would approach environmental and toxic chemical issues – he has also vetoed previous bills that restricted Pfas use in household cleaners and artificial turf.
When cookware made with PTFE – one kind of Pfas – is scratched or chipped, it can shed micro- or nanoplastics into food. Research has linked PTFE in combination with other microplastics to decreased sperm quality, among other health issues, and PTFE fumes emitted from a pan can cause flu-like symptoms. The production of PTFE also requires the use of highly toxic Pfas that end up on the pan or in the environment.
In May, the Illinois legislature approved a package of bans on Pfas in cosmetics, dental floss, juvenile products, menstrual products and some apparel. The bills initially included cookware, but the product category was pulled out of the package while state regulators develop a report on PTFE’s safety. The legislature will consider cookware after the report is delivered next year.
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In New York, a bill to ban Pfas in cookware and other products passed the senate, but did not make it to the house floor before the session’s end. Advocates expect it to be picked up in the new session in January.
Despite the California setback, there is some optimism. The veto was “not reflective of the diverse support” in California that included the water industry, sewage treatment industry, firefighters, independent scientists and public health advocates, said Anna Reade, director of Pfas advocacy with the Natural Resources Defense Council, which lobbied for the bill.
Though the cookware lobby may have won this round, it failed in states such as Minnesota, Maine and Colorado, said Gretchen Salter, the policy director for Safer States, which supported the legislation.
Moreover, stores including Target are already beginning to phase out cookware that contains Pfas, and the public is increasingly aware of and outraged over the risks, Salter said. The broader shift in public opinion is a valuable weapon for advocates in the next legislative battles.
“Whether or not California passes a ban, Pfas is on the way out because consumers are demanding it,” Salter added. “If lawmakers represent their constituents then they’ll pass a ban, and if they represent billion dollar companies then they will oppose it.”
