Maine Manufacturers & Product Distributors—Take Note!
Starting January 1, 2026, Maine will prohibit the sale of products containing intentionally added PFAS, unless they qualify for a Currently Unavoidable Use (CUU) designation. If your product relies on PFAS for critical performance, now is the time to act!
Understanding Maine’s PFAS CUU Rule Proposal
Introduction
As part of its broader initiative to eliminate harmful chemicals from consumer products, the Maine DEP is proposing amendments to Chapter 90 to establish CUU designations for products containing intentionally added PFAS. This rule supports the state’s commitment to public health and environmental protection while allowing limited exceptions for essential uses.
Summary of Changes
Under the proposed rule, manufacturers may apply for a CUU designation if they can demonstrate that:
- PFAS use is essential for health, safety, or societal functioning
- No safer or technically feasible alternatives currently exist
- The product cannot be reformulated or replaced without significant impact
Products subject to the 2026 sales prohibition include, but are not limited to:
- Cleaning products
- Cookware
- Cosmetics
- Textiles and upholstered furniture
- Juvenile and menstruation products
- Ski wax
- Dental floss
The DEP has already reviewed several CUU applications, with only a few recommended for approval—highlighting the rigorous standards in place.
Implications for Manufacturers
Why CUU Designation Matters
Without a CUU designation, products containing intentionally-added PFAS will be banned from sale in Maine beginning on January 1, 2026. Manufacturers must act now to assess their product lines, identify PFAS use, and prepare CUU applications where necessary.
Navigating the CUU Application Process
Applicants must submit detailed documentation, including:
- The function PFAS serves in the product
- Why alternatives are not feasible
- Impacts of removing PFAS
- Supporting data and technical justification
Applications will be reviewed by the DEP, and only those meeting strict criteria will be approved.
Future Considerations
As science and technology evolve, the DEP expects that some CUUs may become avoidable over time. The rule includes provisions for periodic review and potential revocation of CUU status if alternatives become available.
PFAS Regulations Are Expanding Nationwide
Maine may have led the charge, but it’s far from alone. A growing number of states are implementing bans or restrictions on products containing intentionally-added PFAS—with enforcement dates rapidly approaching. Some of them are as follows:
| State | Product Categories Affected | Ban Details & Effective Date |
| Vermont | Food packaging; Apparel, cookware, ski wax, menstrual products | Food packaging ban effective July 1, 2023; broader product bans phased in through 2026 |
| Connecticut | Food packaging; firefighter gear; broad consumer product bans | Food packaging ban effective December 31, 2023; broader bans begin in 2028 |
| Rhode Island | Cookware, cosmetics, carpets, juvenile products, ski wax, textiles, food packaging | Initial scope effective July 31, 2024; full consumer product ban begins January 1, 2027 |
| New Hampshire | Food packaging, menstrual products, children’s toys, cosmetics, textiles, carpets, and more | Ban effective January 1, 2027 |
| Maine | All products with intitionally-added PFAS | Gradual phaseout with full ban by January 1, 2030; CUU exemptions allowed |
| Massachusetts | Firefighter gear; PFAS disclosure for certain products; broader restrictions under review | Disclosure required now; broader bans under development and expected by 2027 |
These state-level actions reflect a nationwide trend toward eliminating PFAS from everyday products. Manufacturers operating across multiple states should monitor evolving regulations to ensure full compliance and avoid market disruptions.
Call to Action
If your product contains intentionally added PFAS and may qualify for a CUU designation, you should:
- Review the proposed Chapter 90 amendments
- Prepare and submit a CUU application
- Engage with DEP for guidance and clarification
- Monitor updates and deadlines related to the 2026 prohibition
Get Expert Help Today!
Navigating PFAS regulations can be complex and time sensitive. We offer strategic support to help manufacturers:
- Evaluate product eligibility
- Prepare CUU applications
- Ensure compliance with Maine’s PFAS law
Let us help you stay ahead of regulatory changes and protect your market access. Reach out today to discuss your product portfolio and CUU strategy.
Get Expert Help Today!
Navigating Maine’s PFAS regulations can be complex, technical, and time sensitive. But you don’t have to tackle it alone!
We offer strategic consultations, regulatory guidance, and application support to help manufacturers and distributors comply with Maine’s PFAS in Products Law. From assessing product eligibility to preparing CUU submissions, we’ll help you stay compliant and protect your market access.
Let us handle the regulatory details while you focus on innovation and product performance. Reach out today to ensure your products meet the requirements ahead of the 2026 sales prohibition.
For more information, visit the PFAS in Products, Maine Department of Environmental Protection.
If you’d like to discuss how these proposed CUU regulations may impact your product line, please contact Trinity’s Boston office at 508.273.8600.
