SENATE ENVIRONMENT AND ENERGY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 5260

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  DECEMBER 1, 2025

 

      The Senate Environment and Energy Committee reports favorably and with committee amendments Assembly Bill No. 5260.

      As amended and reported, this bill would prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of apparel containing intentionally added PFAS within the State.  As defined in the bill, “apparel” means (1) clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms or work-wear; (2) outdoor apparel; and (3) outdoor apparel designed for severe wet conditions.  Personal protective equipment, clothing items for exclusive use by the United States military, and equipment and protective apparel designed to be used for the safe operation of a motorcycle or off-highway vehicle would be exempt from the bill’s provisions.

      A violation of the bill’s provisions would be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the State's consumer fraud act.  An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.

      As amended and reported by the committee, Assembly Bill No. 5260 is identical to Senate Bill No. 4798, which was also amended and reported by the committee on this date.

 

COMMITTEE AMENDMENTS:

      The committee amendments:

      (1) add an exemption for equipment and protective apparel designed to be used for the safe operation of a motorcycle or off-highway vehicle; and

      (2) clarify that news media that accept or publish advertising for apparel containing intentionally added PFAS are not covered under the bill’s provisions.