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S 3946

Relates to civil actions brought by employees

2025 Regular Session Introduced by Jessica Ramos

Requires disclosure and eventual ban on intentionally added PFAS in most firefighting PPE in NJ, driving reformulation and PFAS-free options.

REFERRED TO LABOR
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Bill Summary · S 3946

Summary — S3946

Title: Relates to civil actions brought by employees (PFAS in firefighting personal protective equipment)
Introduced: December 12, 2024 | Sponsor: Sen. Jessica Ramos
Status (as of June 30, 2025): Reported as a Senate Committee Substitute (SCS); referred to Labor; floor amendment adopted changing an implementation date

Purpose

To require disclosure and phase out the sale, manufacture, and distribution in New Jersey of firefighting personal protective equipment (PPE) that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill aims to inform purchasers about PFAS content and to reduce firefighter and environmental exposures by banning intentionally added PFAS in most firefighting PPE.

Key definitions

  • Firefighting personal protective equipment: clothing or wearable items for fire/rescue duties (e.g., jackets, pants, footwear, gloves, helmets, respiratory equipment).
  • Intentionally added PFAS: PFAS added or intentionally used during product development to provide a characteristic, appearance, quality, or function; includes PFAS degradation byproducts. Excludes technically unavoidable trace quantities (impurities from ingredients, manufacturing, storage, or packaging).
  • Producer: the person who manufactures the PPE and owns or licenses the brand for use/sale in NJ; if none, the owner/licensee; if none, the first seller in the State.

Major provisions & timeline

  • Notice requirement (one-year after the act’s effective date): A producer that sells firefighting PPE containing intentionally added PFAS must provide written notice at time of sale to the purchaser stating:
    1. that the PPE contains intentionally added PFAS;
    2. the reason PFAS are present (the function/benefit); and
    3. the specific PFAS present (chemical name and abbreviation).
  • Recordkeeping and disclosure: Both producer and purchaser must retain the notice for at least three years. Upon request by the Division of Consumer Affairs or the Division of Fire Safety, the producer or purchaser must furnish the notice and associated sales documentation within 30 days.
  • Phase-out ban (two years after the act’s effective date): Prohibits sale, offer, manufacture, or distribution in New Jersey of firefighting PPE containing intentionally added PFAS.
    • Exception for non-clothing PPE: non-clothing items (e.g., self‑contained breathing apparatus, other respiratory protection, hearing protection, protective communication devices) are exempt from the ban until January 1, 2030 (floor amendment shortened this date from Jan. 1, 2032).
  • Liability: Nothing in the bill imposes liability on news media that accept or publish advertising for products covered by the act.

Enforcement & penalties

Violations are treated as unlawful practices under New Jersey’s Consumer Fraud Act (P.L.1960, c.39). Remedies and penalties available under that law may apply, including:
- Civil penalties (statutory Consumer Fraud Act penalties and remedies);
- Cease and desist orders by the Attorney General;
- Possible assessment of punitive damages, treble damages, and costs to injured parties.
(The Consumer Fraud Act ordinarily authorizes penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, among other remedies.)

Who is affected

  • Producers (manufacturers, brand holders, importers/first sellers) of firefighting PPE;
  • Retailers, distributors, and municipal/volunteer fire departments or other purchasers of PPE;
  • Manufacturers of non-clothing protective equipment (subject to delayed compliance until 2030).

Legislative status / related bills

  • Referred to Senate Environment and Energy Committee; later reported as a substitute (6/12/2025) and received a floor amendment (6/30/2025).
  • Companion/related bills: A-5195, A-5573; prior-session S-5062.

Potential impacts

  • Increased transparency for purchasers about PFAS content in PPE.
  • Near-term phase-out of intentionally added PFAS in most firefighting clothing PPE and later in certain non-clothing devices, prompting manufacturers to reformulate or source PFAS-free alternatives.
  • Additional compliance, labeling, and recordkeeping obligations for producers and purchasers; potential legal exposure for noncompliance under the Consumer Fraud Act.

Compiled from official sources — confirm details with the bill’s official record.

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