PFOA and PFOS: California's Next Chemical Targets

The deadline for two pollutants of concern is looming: the state of California's notice of intent to list perfluor­ooctane sulfonic acid (PFOS) and perfluor­ooctanoic acid (PFOA) amongst reproductive toxins will go into effect on Nov. 10, 2018.

While they aren't widely used for cosmetics, these materials have been identified in some sunscreens and could make manufacturers vulnerable to lawsuits, as the Independent Cosmetic Manufacturers and Distributors (ICMAD) explained.

Industry Alert

In an industry alert, the ICMAD group flagged the Nov. 10 date to ensure cosmetic manufacturers become aware of the labeling requirements related to these compounds.

"Like the easy targets of phthalates, it is anticipated that these chemicals will open the door for many more notices of violation (NOVs) from plaintiffs," the group wrote.

Persistent Properties

PFOSs and PFOAs are fluorinated hydrocarbons that formerly were used widely in industrial applications for their oil- and water-resistant properties, among others. Based on a 2015 study of commercial Thai sunscreens, these materials also were being used as film-formers in some waterproof sunscreens, the ICMAD stated.

Although Chemical & Engineering News (C&EN) reports these compounds are no longer produced in the United States, and PFOS and PFOA are not reactive, they are persistent in the environment. In fact, the U.S. state of Michigan just declared a state of emergency due to the levels of combined PFOA and PFOS found in the local drinking water.

As a C&EN article explained, in January 2018, a 70 parts-per-trillion (ppt) level was approved in the state as the "enforceable cleanup level," translating as 7 ppt and 11 ppt in drinking water for PFOS and PFOA, respectively. This limit was set after alarming levels of 740 ppt and 670 ppt were found in the public drinking water—and high levels of these compounds have been linked to serious health issues.

Look Now and Label Accordingly

Since PFOSs and PFOAs have been used across a wide range of products, the ICMAD has urged companies to determine whether their products contain these substances and if so, to prepare to label them accordingly. As of now, California's Office of Environmental Health Hazard Assessment (OEHHA) has not set permissible use levels.