Washington Makes A De Minimis Change To Its PFAS Restrictions

On November 20, 2025, the Washington Department of Ecology adopted a new twist to its Safer Products for Washington rule's per- and polyfluoroalkyl substances (PFAS) restrictions.The rule, which prohibits the manufacture and sale of apparel and accessories, automotive washes, and cleaning products with intentionally added PFAS beginning January 1, 2027, previously included a presumption that any detection of total fluorine (TF) in these products would indicate that PFAS had been intentionally added. After much criticism during the public comment period, the Department adjusted its final adopted rule to provide a de minimis threshold. Specifically, the Department will presume that detection of TF above 50 ppm indicates intentional addition of PFAS. Manufacturers still have the opportunity to rebut the presumption with credible evidence that PFAS were not intentionally added, but they obtain a modicum of relief in the interim from the revision.