California Gov. Gavin Newsom vetoed two bills related to PFAS and plastic microbeads, capping off a legislative session that brought little change for the packaging industry.
SB 682, sponsored by state Sen. Ben Allen, would have prohibited by 2028 the distribution or sale in California of any food packaging and certain other consumer products that included intentionally added per- and polyfluoroalkyl substances. That prohibition would have extended to a range of other categories, including cleaning products and cookware, by 2031.
The PFAS proposal was described as among the most stringent in the country. It was designed to build on an existing law, AB 1200 from 2021, that bans the use of plant fiber-based food packaging which contains intentionally added PFAS or levels exceeding 100 parts per million.
“I share the author’s goal to protect human health and the environment by phasing out the use of PFAS in consumer products,” Newsom wrote in an Oct. 13 veto message. “I am deeply concerned about the impact this bill would have on the availability of affordable options in cooking products. I believe we must carefully consider the consequences that may result from a dramatic shift of products on our shelves.”
The bill was opposed by the American Chemistry Council, Consumer Brands Association and numerous packaging trade groups. Its most high-profile opponents were celebrity chefs, some of whom sell branded cookware, citing concerns about effects on their kitchen equipment.
The veto was criticized by nonprofits such as the Environmental Working Group, California Public Interest Research Group and others.
Newsom also vetoed AB 823, which would have expanded on an existing 2020 law to further restrict the use of plastic microbeads in personal care products.
The bill, sponsored by Assemblymember Tasha Boerner, would have banned the use of these microbeads in non-rinse-off products and cleaning supplies by 2029. It would have also banned the sale of personal care products that use plastic glitter by 2030.
“I support efforts to protect California’s waterways, ecosystems, and public health from the real and significant harms caused by the prevalence of micro plastics in our environment,” said Newsom in an Oct. 11 veto message. “However, I am not supportive of the approach this bill takes to ban specific ingredients, such as glitter, which may incidentally result in a prohibition on biodegradable or natural alternatives.”
The bill was supported by multiple environmental groups, including Californians Against Waste, which called the veto disappointing. The legislation was opposed by groups such as ACC, CBA, the American Beverage Association, California Chamber of Commerce, California Grocers Association and International Bottled Water Association.
