Pennsylvania Restricts PFAS in Firefighting Products and Phases Out Ortho-Phthalates in IV Medical Devices

HARRISBURG, Pennsylvania, 24 October 2026 — Governor Josh Shapiro signed Senate Bill 804 into law on 22 October 2026, restricting per- and polyfluoroalkyl substances (PFAS) in firefighting foam, requiring PFAS disclosure on firefighter protective equipment, and phasing out ortho-phthalate plasticizers in intravenous (IV) medical devices.

The law prohibits manufacturing and sales of certain PFAS-containing firefighting foams beginning 1 July 2027, followed by a use prohibition on 1 January 2028. It also prohibits di(2-ethylhexyl) phthalate (DEHP, CAS 117-81-7) in IV solution containers beginning in 2030 and IV tubing in 2035, while preventing substitution with other ortho-phthalates.

PFAS Restrictions on Firefighting Foam and Protective Equipment

Class B firefighting foam is used to extinguish flammable-liquid fires, including those involving petroleum-based fuels. The restrictions exempt airports, chemical plants, oil refineries, certain fuel and natural gas terminals and storage facilities, and natural gas-fired power plants. Foam required under federal law is also exempt, with a one-year transition period if the federal requirement is revoked after 1 January 2027.

Affected fire departments must transition to PFAS-free alternatives and arrange disposal of existing foam. Pennsylvania's State Fire Commissioner will coordinate disposal arrangements with the Department of Environmental Protection, while eligible fire companies may receive grants to replace affected products.

Firefighter protective equipment is subject to disclosure requirements rather than a general PFAS ban. Manufacturers must label jackets, pants, shoes, gloves, helmets, and respiratory equipment sold for use in Pennsylvania to disclose intentionally added PFAS.

Labels may include quick-response (QR) codes linking to product-specific information. Manufacturers discovering intentionally added PFAS after a sale must notify the last known purchaser and publish the information online.

The labeling requirement takes effect 180 days after enactment. Equipment purchased through Pennsylvania's fire company loan program must also meet PFAS-free standards established by the State Fire Commissioner, subject to waivers where suitable alternatives are unavailable.

Violations of the firefighting foam and protective equipment provisions carry civil penalties of up to $5,000 for a first offense and $10,000 for subsequent offenses.

Pennsylvania Phases Out Ortho-Phthalates in IV Medical Devices

The medical device restrictions address concerns about DEHP, a plasticizer used in flexible polyvinyl chloride (PVC). Lawmakers cited reproductive and endocrine risks from DEHP leaching into IV fluids, as well as potential interference with cancer treatment.

The law also prohibits replacing DEHP with other ortho-phthalates in new or revised medical devices, effectively requiring non-ortho-phthalate alternatives. These include restrictions on substituting benzyl butyl phthalate (BBP, CAS 85-68-7), dibutyl phthalate (DBP, CAS 84-74-2), diisobutyl phthalate (DIBP, CAS 84-69-5), and diisononyl phthalate (DINP, CAS 28553-12-0).

Unintentionally added DEHP is limited to less than 0.1% by weight in IV solution containers and tubing. Blood collection and storage bags, along with apheresis and cell therapy blood kits and bags, including integral tubing, are exempt.

Manufacturers awaiting U.S. Food and Drug Administration (FDA) approval for DEHP-free IV solution containers or lacking adequate production equipment may extend the 2030 deadline to 1 January 2032, provided they notify Pennsylvania customers by 31 December 2026 that development has begun and issue a second customer and website notice by 1 January 2028. The extension does not apply to IV tubing.

Nhat Nguyen

Nhat Nguyen is a US-licensed attorney with over 13 years of experience in product & regulatory compliance issues in the EU, US, and Asia Pacific. He is a frequent speaker at major industry conferences and has advised multinational companies on global environmental and product issues.

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