TRENTON, N.J. – New Jersey Gov. Mikie Sherrill signed legislation into law Thursday, Aug. 27, that will prohibit the sale, manufacture and distribution of diapers containing intentionally added PFAS, commonly called “forever chemicals.”
The new law gives manufacturers two years before the prohibition takes effect and requires them to certify that covered diaper and apparel products do not contain intentionally added PFAS. Products that cannot meet the standard could no longer legally be sold or distributed in New Jersey.
Independent testing supplied with the legislation discussion shows potential implications for major diaper brands. Testing published by Mamavation reported indications associated with PFAS in some Costco Kirkland diapers and a Pampers reusable hybrid product, while tested Pampers Swaddlers, Pampers Splashers and Target Up&Up Pull-Ups were reported as non-detect.
- New Jersey will prohibit diapers containing intentionally added PFAS two years after the law takes effect.
- Manufacturers must certify to the state that covered diaper and apparel products contain no intentionally added PFAS.
- Violations can carry civil administrative penalties ranging from $1,000 to $20,000 per violation, with each day considered a separate offense.
Costco Kirkland Diapers Among Products Flagged in Independent Testing
The Mamavation testing supplied for this story examined 65 diaper products from 40 brands using an EPA-certified laboratory. The testing screened for organic fluorine at or above a 10-parts-per-million detection threshold.
Kirkland/Costco disposable diapers registered 26 ppm of organic fluorine on the inside in one test and 10 ppm in another, according to the supplied results.
Other disposable products with reported detections included Attitude Eco Diapers, BabyCozy Bouncy Soft, Babyganics Skin Love, Bambo Nature Dream, EcoPeaCo Bamboo, Happy Little Camper, Kudos and Rascal & Friends.
Certain reusable or cloth diaper products from ALVABABY, Bambino Mio, Charlie Banana, GroVia, OsoCozy, Pampers Pure Protection Hybrid and Smart Bottoms also had reported detections.
Those laboratory findings do not establish that the products violate New Jersey’s new law. The statute prohibits intentionally added PFAS, while detecting organic fluorine does not, by itself, demonstrate that a manufacturer intentionally added PFAS to a product.
That distinction will be important as manufacturers prepare to comply with the new requirements.
Pampers and Target Results Show Ban Is Product-Specific
The law does not ban Costco, Pampers, Target or any other manufacturer by name. Instead, it establishes a statewide standard that individual products must satisfy.
That distinction is particularly clear in the Pampers results. Pampers Pure Protection Hybrid was among reusable products with a reported detection, but Pampers Swaddlers and Pampers Splashers were listed as having no detectable organic fluorine in the testing provided.
Target Up&Up Pull-Ups were also reported as non-detect. HealthyBaby, Coterie, ECO BOOM, Pura, Seventh Generation, Cuties and TERRA were among other disposable diaper products with non-detect results.
Manufacturers will ultimately be responsible for demonstrating compliance with New Jersey’s standard rather than relying on independent consumer testing.
Under the law, manufacturers must submit certifications to the Division of Consumer Affairs stating that each covered apparel or diaper product does not contain intentionally added PFAS.
The certifications remain valid for five years. If a manufacturing process or material component changes, the manufacturer must file a revised certification stating that the modified product continues to comply.
New Jersey Sets Penalties as High as $20,000 Per Violation
The new restrictions fall under New Jersey’s Protecting Against Forever Chemicals Act and carry potentially substantial penalties.
A violation can result in a civil administrative penalty ranging from $1,000 to $20,000. Each day that a violation continues can be treated as a separate and distinct offense.
The law defines a diaper product as a disposable or reusable absorbent product manufactured to be worn to contain human waste. Menstrual products are excluded.
Its reach extends well beyond diapers. The legislation also covers numerous types of clothing and apparel, including undergarments, shirts, pants, dresses, footwear, athletic wear, swimwear, school uniforms, workwear and outdoor apparel.
Certain personal protective equipment, clothing exclusively used by the U.S. military and protective apparel designed for motorcycle or off-highway vehicle operation are exempt.
With Sherrill’s signature Thursday, manufacturers and retailers now face a two-year window to determine which products comply and make changes where necessary before New Jersey’s prohibition takes effect.
Did New Jersey ban Costco Kirkland diapers?
New Jersey did not ban Kirkland or Costco by name. The new law prohibits diaper products containing intentionally added PFAS. Independent testing found organic fluorine in tested Kirkland diapers, but that alone does not establish a violation of the law.
Are Pampers and Target diapers banned in New Jersey?
Not categorically. A Pampers reusable hybrid product had a reported detection, while tested Pampers Swaddlers, Pampers Splashers and Target Up&Up Pull-Ups were reported as non-detect.
When does New Jersey’s PFAS diaper ban take effect?
The prohibition on the sale, manufacture and distribution of covered products containing intentionally added PFAS begins two years after the law’s effective date.
Photo Caption: Gov. Mikie Sherrill signed legislation Aug. 27 prohibiting the sale of diaper products containing intentionally added PFAS in New Jersey.
Sources: New Jersey legislation and Assembly Budget Committee statement for Senate Bill 1281 SCS (1R); supplied Mamavation 2026 diaper testing results.
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