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Vermont continues to expand its chemical-safety framework — but not through a single, sweeping PFAS ban.
Vermont Act No. 131, enacted in 2023, is a targeted consumer-product law. It focuses primarily on cosmetics and menstrual products, restricting the use of specific chemicals of concern that pose risks to human health.
Understanding what Act 131 does — and just as importantly, what it does not do — is critical for manufacturers selling into Vermont.
What Is Vermont Act No. 131?
Act No. 131 strengthens Vermont’s oversight of toxic chemicals in personal-care products, building on earlier state initiatives around safer consumer goods.
The law:
- prohibits the sale of certain cosmetics and menstrual products that contain listed chemicals of concern,
- directs state agencies to expand consumer education and chemical-safety programs,
- and supports future identification of additional high-risk chemicals and product categories.
Act 131 is not a blanket PFAS ban across all consumer products.
Product Categories Covered by Act 131
Act 131 applies specifically to:
- Cosmetic products
- Menstrual products
Other product categories often mentioned in PFAS discussions — such as cookware, textiles, juvenile products, or firefighting foam — are regulated under separate Vermont statutes, not primarily under Act 131.
Chemicals Restricted Under Act 131
For cosmetics and menstrual products, Act 131 prohibits intentionally added use of certain chemicals, including:
- Per- and polyfluoroalkyl substances (PFAS)
- Formaldehyde and formaldehyde-releasing agents
- Mercury and mercury compounds
- Lead and certain lead compounds
- Select parabens
- Other chemicals identified as toxic or hazardous under Vermont law
The restrictions are chemical-specific and product-specific — a critical distinction for compliance.
PFAS Under Act 131: Narrow but Enforceable
PFAS restrictions under Act 131 are limited to:
- cosmetics, and
- menstrual products.
Act 131 does not:
- prohibit PFAS in all consumer goods,
- create a universal PFAS-free requirement,
- or replace Vermont’s separate PFAS statutes covering cookware, food packaging, textiles, or firefighting foam.
Manufacturers should treat Act 131 as part of a layered PFAS framework, not a standalone PFAS law.
Implementation and Effective Dates
Act 131 is implemented through phased effective dates, beginning in 2024, allowing manufacturers time to reformulate and adjust supply chains.
Exact dates vary by product type and chemical category, but enforcement begins before 2026 for covered products.
Enforcement Authority
The Vermont Attorney General holds enforcement authority under Act 131 and may:
- investigate violations,
- seek civil penalties,
- and pursue injunctive relief against non-compliant manufacturers or sellers.
Retailers are also within scope if prohibited products are sold in Vermont.
What Act 131 Means for Manufacturers
For companies selling cosmetics or menstrual products in Vermont:
- Ingredient transparency matters — “trace” vs. intentionally added chemicals is a key distinction.
- Supplier declarations must be defensible, not marketing-based.
- PFAS-free claims should be substantiated at the formulation level.
Manufacturers that already comply with stricter states (e.g., Washington or California cosmetics rules) will be better positioned.
How Act 131 Fits into Vermont’s Broader PFAS Strategy
Vermont regulates PFAS through multiple statutes, each addressing different risk pathways:
- Act 131 → cosmetics & menstrual products
- Separate PFAS laws → cookware, textiles, food packaging
- Earlier acts → firefighting foam restrictions
Treating these as one law leads to compliance errors.
Final Takeaway
Vermont Act No. 131 is not a comprehensive PFAS ban — it is a targeted chemical-safety law focused on personal-care products.
For manufacturers of cosmetics and menstrual products, compliance is mandatory and enforceable. For other product categories, different Vermont statutes apply.
Understanding the product-by-product structure of Vermont’s chemical regulations is the only way to stay compliant.