In recent years, PFAS—also known as “forever chemicals”—have emerged as a major environmental and regulatory concern for outdoor and fishing brands. In fact, Charleston’s drinking water has PFAS above federal limits, according the the Post & Courier. As sustainability expectations grow from consumers, retailers, and regulators, understanding what PFAS are, where they are regulated, and how they could impact your business is crucial for staying compliant, protecting your brand’s reputation, and preserving the natural resources your customers love.
What Are PFAS (Forever Chemicals)?
PFAS stands for Per- and Polyfluoroalkyl Substances, a large family of synthetic chemicals that have been used in manufacturing since the 1940s. PFAS are prized for their water-, grease-, and stain-resistant properties, making them popular in products like:
- Waterproof apparel
- Fishing gear (e.g., rain jackets, waders)
- Camping equipment
- Food packaging
- Firefighting foam
However, PFAS have a dark side: they do not break down easily in the environment, can accumulate in wildlife and humans, and have been linked to serious health effects, including cancer, immune system issues, and hormone disruption. This persistent nature is why they’re often called “forever chemicals.”
Where Are PFAS Regulated? (Federal and State Laws)
Federal Regulations
The U.S. Environmental Protection Agency (EPA) is leading federal efforts to address PFAS contamination, but as of “May 14, 2025, EPA announced the agency will keep the current National Primary Drinking Water Regulations (NPDWR) for PFOA and PFOS. As part of this action, EPA also announced its intent to extend the PFOA and PFOS Maximum Contaminant Level compliance deadlines and establish a federal exemption framework. Additionally, EPA announced its intent to rescind the regulations and reconsider the regulatory determinations for PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture of these three PFAS plus PFBS to ensure the determinations and any resulting drinking water regulation follow the Safe Drinking Water Act process.” For more information, see EPA’s Press Release. That said, here is how the EPA is monitoring PFAS:
- Safe Drinking Water Act (SDWA): In April 2024, the EPA finalized the first-ever national drinking water standards for six PFAS chemicals (e.g., PFOA, PFOS), setting Maximum Contaminant Levels (MCLs) as low as 4 parts per trillion (ppt) for PFOA and PFOS.
- Toxic Substances Control Act (TSCA): The EPA has required reporting and recordkeeping on PFAS, including restrictions on the use of certain PFAS in products.
- Clean Water Act (CWA): PFAS are being added to effluent guidelines and permitting requirements, affecting discharges from industrial facilities.
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund): The EPA has proposed designating PFOA and PFOS as hazardous substances under CERCLA, which would make companies liable for cleanup of contaminated sites.
State Regulations
Many states are moving even faster than the federal government. Some key examples:
- Maine: Has a sweeping law requiring manufacturers to report PFAS use in products sold in the state and phases out PFAS in all products by 2030.
- California: Bans PFAS in textiles, cookware, and food packaging. It also requires product labeling for PFAS-containing products.
- Colorado, Minnesota, New York, Vermont, and Washington: Have laws banning or restricting PFAS in consumer products like outdoor apparel, firefighting foam, and cosmetics.
- Other states (like New Jersey, Michigan, and Massachusetts) have set their own drinking water standards and are actively monitoring PFAS in water bodies, including those used for recreational fishing.
Why PFAS Matter for Fishing and Outdoor Brands
Outdoor brands—especially those selling to big-box retailers like REI, Bass Pro Shops, or Walmart—are under growing pressure to eliminate PFAS from their products. Here’s why it matters:
- Compliance Risks: Non-compliance with federal and state PFAS regulations can result in fines, product recalls, and legal liability.
- Retailer and Investor Pressure: Many major retailers and investors are adopting PFAS-free commitments, requiring brands to disclose and phase out PFAS.
- Brand Reputation: As customers become more environmentally conscious, brands associated with PFAS risk losing trust with their audience—especially among anglers, hunters, and outdoor enthusiasts who care deeply about clean water and healthy ecosystems.
- Environmental Impact: PFAS can contaminate rivers, lakes, and fish populations, undermining the very environments your brand depends on for its products and storytelling.
What Should Outdoor and Fishing Brands Do Now?
- Inventory Your Products: Identify where PFAS are used in your supply chain, especially in coatings, fabrics, and packaging.
- Stay Informed: Monitor evolving federal and state regulations—they vary widely and are changing rapidly.
- Transition to PFAS-Free Alternatives: Explore safer, sustainable materials for water- and stain-resistance.
- Communicate Transparently: Be proactive in sharing your efforts to eliminate PFAS—this builds trust and helps you stand out in the market.
Here’s a great example of Patagonia removing PFAS from their products:
Final Thoughts
PFAS are more than just a regulatory issue—they represent a fundamental shift in how outdoor and fishing brands must approach product design, supply chains, and environmental stewardship. By acting now, brands can reduce risk, stay ahead of regulations, and demonstrate leadership in protecting the wild places their customers love.
Stay tuned as I am releasing a brand new series on sustainability-related regulations, such as: PFAS, EPR, and climate with James Pollack from Marten Law on The Sustainable Angler podcast beginning this week! As always, if your brand needs guidance on your sustainability journey, fill out the form below: