PFAS and Product Claims: Walking the Fine Line

When we talk with clients about how to communicate PFAS claims, one of the first questions we hear is: “Can we say our product is PFAS-free?” We get it—consumers care, and you want to make strong, reassuring claims. But here’s the tricky part: even if your company isn’t intentionally adding PFAS, trace amounts can still show up. That makes the messaging a bit more complicated.

With consumer awareness on the rise and more class action lawsuits popping up, not to mention new state-level regulations, getting your PFAS language right isn’t just smart—it’s essential . In this third post in our PFAS series, we’ll walk through the do’s and don’ts of PFAS-related claims. You’ll get practical tips to help you communicate clearly, reduce risk, and promote your product’s safety and sustainability without overpromising.

Intentional vs. Unintentionally Added PFAS

PFAS refers to a group of man-made chemicals, with current estimates in the 14,000 to 15,000 range, all containing a fluorinated carbon atom. The strong bond between fluorine and carbon makes these substances useful, as they produce products resistant to water, stains, and grease. However, this same characteristic also contributes to their dangers, as PFAS break down slowly and can accumulate in the environment and our bodies.

Even if you don’t intentionally add PFAS, it can contaminate products during the manufacturing process through various means, including the use of adulterated raw materials, contaminated water, machinery lubricants, recycled materials, or cross-contamination.

The presence of so many related but distinct substances makes it even more challenging to verify whether a product can genuinely claim to be PFAS-free.

Do Follow Guidelines and Regulations

The Federal Trade Commission (FTC) provides guidance for making truthful claims through its Green Guides. The FTC gives no specific guidelines for PFAS-free claims; however, it offers the following general recommendations:

Use clear language to make claims and qualifications understandable.
Avoid unqualified claims.
Avoid overstating your claim if the environmental benefit is minor.
Don’t misrepresent your product by claiming a general environmental benefit.

According to the FTC, marketers can make a “free-of” or “free-from” claim for a product only if:

The amount present does not cause harm that consumers typically associate with the substance.
The substance was not added to the product intentionally.

Regulations preempt FTC guidelines, and states are passing laws to ban PFAS chemicals in consumer goods. Currently, more than 25 US states have enacted laws prohibiting PFAS in consumer products. For example, California establishes restrictions on the levels of PFAS that can exist in consumer products. Companies may need to monitor PFAS in products through testing to ensure they stay within these limits. Additionally, if low detection levels of fluorine become the norm, companies may be forced to eliminate even unintentional PFAS.

Promoting Regulation Compliance May Not Be Enough

Tracking individual state bans on PFAS in products is challenging due to varying state laws. In general, state legislation bans only the intentional use of PFAS, so following the law may seem easy, However, promoting compliance may not be enough. Consumer confidence in sustainability regulations is low – so using phrases like: ”We follow PFAS regulations” are not advantageous. It’s important to let your customers know that you are going above and beyond what is required by law.

Do Highlight Certifications

Third-party product certifications are one way to let consumers know that you are doing more than the law requires to make your product safe and sustainable. Certifications provide reliability to customers, and promoting them is more effective than using vague terms like “all-natural” or “eco-friendly.” If your certifications specifically address PFAS, be sure to mention them in your marketing materials. Potential wording examples are:

Meets the requirements of [certification name]
Meets [certification name] standards for non-detectable PFAS Certification

For more wording options regarding a PFAS claims, or to obtain more information about certifications, reach out to Softly Solutions. Softly offers support in identifying compliant and effective wording for green claims in your marketing materials.

Don’t Hide Behind Certifications

Certifications can provide validity, but do not shield you from liability unconditionally. In a lawsuit against mattress company Saatva, for example, the non-profit organization, GMO Free USA, made allegations regarding the use of terms such as “safe,” “natural,” and “eco-friendly” due to the detection of PFAS chemicals, despite the presence of third-party certifications. Certifications may enhance your credibility, but they do not absolve you of responsibility for your actions or the quality of your products. Ensure you have scientific data to support any claims you make. By doing so, you not only bolster your position in a potential lawsuit but also demonstrate a commitment to integrity and quality. Always prioritize transparency and documentation to protect yourself and your business against possible liabilities.

Do Use Robust Test Methods

Fluorine is currently the key to measuring PFAS. Scientists define PFAS as a category of organic chemicals that contain fluorine and have at least one carbon atom that is fully fluorinated. Testing companies typically do not test specifically for PFAS; instead, they measure the levels of total organic fluorine. EPA-approved methods, such as Method 537.1 or Method 533, are often used for testing PFAS in water. UL Solutions and Intertek offer testing for PFAS in products.

Testing your product can help minimize the risks of unintended PFAS in your products. Collaborate with your testing organization to ensure that your claims align with the testing protocol. Using testing standards can help you meaningfully communicate the safety of your product while avoiding legal complications.

Sharing your testing results can demonstrate your dedication to safety. Consider using a QR code or a short URL to link to a hosted report that includes test scope, an overview of the methods used, and the most recent data. This way, you can keep labels clean while ensuring that comprehensive information is easily accessible. Visit our blog “Does PFAS Legislation Affect Your Product?” for more guidance on displaying PFAS levels on product labels.

Understanding PFAS Testing Methods: Targeted vs. Total Organic Fluorine

Targeted PFAS Methods focus on detecting and quantifying specific, known PFAS compounds—usually a suite of high-priority analytes such as PFOA, PFOS, PFHxS, and others. Highly specific test methods achieve very low detection limits (often 1 ppb or lower), so you can say with confidence that those specific compounds are not detected when lower than the stated threshold. The trade-off is that any PFAS outside the targeted list (new or less common variants) will not be detected.

Total Organic Fluorine Methods measure the sum of all organofluorine in a sample—whether it comes from known PFAS compounds, or from unknown fluorinated substances. Detection limits are higher (typically 10–25 ppb or mg/kg), and while you don’t know exactly which molecules contributed to the signal, a “total fluorine < X” result assures you that no organofluorine—including unlisted PFAS—is present above that level. This provides broader coverage at the expense of compound-specific detail and lower detection limits.

Do Show Your Progress

If your product needs to be resistant to water or stains, transitioning to non-PFAS alternatives is important. Several non-PFAS options are available that offer similar protective qualities without the associated risks of PFAS. These include graphene oxide, silicone, and ceramic coatings. Scientists have also developed a safer substitute for PFAS, replacing the toxic fluorine with carbon and hydrogen.

As you take steps to incorporate these alternatives and work to eliminate as much PFAS from your products or components as possible, be sure to communicate your progress. Sharing updates not only promotes transparency but also encourages others in your industry to follow suit, fostering a collective effort toward more sustainable practices.

Don’t Move Backwards

Because there are over 14,000 distinct per- and polyfluoroalkyl substances, you may find a chemical you use on the PFAS list. Don’t replace it with another PFAS. Instead, be transparent about the risks and seek alternatives that are non-PFAS to minimize health and environmental impacts.

Do Be Aware of Your Supply Chain

While you might not be intentionally using PFAS in your products, it’s important to recognize that these substances can inadvertently appear due to contamination within your supply chain. This can occur if raw materials or components sourced from suppliers contain PFAS or if they were produced using processes that involve these chemicals. To protect your brand and ensure product safety, conduct thorough assessments of suppliers and implement strict testing protocols to address potential PFAS presence. Stay vigilant and proactive in managing your supply chain to minimize risks associated with these substances.

Don’t Wait!

Now is the time to act. PFAS is ubiquitous and needs to be addressed. When making claims about PFAS, however, avoid broad statements and vague language. Steer clear of greenwashing by ensuring that your messaging is truthful and accurate. Transparency is key, so be prepared to provide supporting documentation and testing data. Always follow laws and regulations. Bolster your credibility by pursuing third-party certification, which can provide independent verification of claims regarding the PFAS levels present in your products. Use testing to demonstrate your commitment to offering products that are assessed for PFAS. Regularly audit and verify supplier compliance to maintain high standards and trust with your customers. If the product attributes associated with PFAS use is necessary for your product, explore alternatives.

Navigating PFAS claims requires effective communication and the right tools. Softly can help with both. Our Green Claim Navigator provides access to regulatory information, resources for validation, and case law. A customized Green Risk Report can help you identify potential wording in your marketing materials so you can avoid risky claims.

FAQs

I’m worried that just mentioning PFAS will put me at legal risk. Should I talk about PFAS at all?
- Don’t leave your customers wondering about the safety of your product. Communicating your certification requirements and testing methods for PFAS can provide consumers with the necessary information to make informed decisions and help you avoid potential legal complications.

What testing methods are there for PFAS detection?
- Targeted PFAS Methods focus on detecting and quantifying specific, known PFAS compounds
- Total Organic Fluorine Methods measure the sum of all organofluorine in a sample—whether it comes from PFAS or from unknown fluorinated substances.

Can I claim my product is PFAS-free if I don’t use any PFAS chemicals?
- PFAS chemicals have been found everywhere. In this current environment, it is essential to qualify any claim you make. Test your product and check with your suppliers. Even if you don’t intentionally add any PFAS to your product, it may filter in through manufacturing and your supply chain.

How can I promote my product as not having PFAS?
- It’s important to support claims with clear qualifications and avoid ambiguous language. To comply with the FTC Green Guides and EU Green Claims Directive, you must prove the absence of all PFAS variants; otherwise, a “free-of” claim may be misleading. Softly can help improve the communication of your PFAS claims.

References

Information provided is for general purposes only and not legal advice; consult a qualified attorney for personalized guidance. Softly disclaims any liability for actions based on this information.