If you sell technical outdoor apparel, you may be one of the few brands that can still use PFAS in California, for now. The catch is the "Made with PFAS chemicals" label. Get the scope wrong and you either mislabel a compliant product or sell a banned one.
Here's who needs the label, how to apply it, and what changes in 2028.
Key takeaways
- Applies only to "outdoor apparel for severe wet conditions," a narrow group.
- California: disclosure required while PFAS is used, until January 1, 2028.
- The label must appear on the product and on online listings.
- Connecticut has its own severe-wet labeling from 2026; other states may follow.
Where the label comes from
California's AB 1817 bans regulated PFAS in textile articles from 2025. It gives one group extra time: outdoor apparel for severe wet conditions may contain regulated PFAS until January 1, 2028, but must be accompanied by a legible, easy-to-see disclosure stating it was made with PFAS chemicals, including for products sold online. See our AB 1817 guide.
Connecticut requires companies selling outdoor apparel for severe wet conditions to disclose PFAS from January 1, 2026, and extends disclosure duties to broader outdoor apparel in 2028. See Connecticut PFAS labeling.
What "severe wet conditions" really means
The definition is narrow. Under California law, it's apparel that:
- is not marketed for general consumer use, and
- is designed for outdoor sports experts, and
- protects against extended exposure to extreme rain or extended immersion in water or wet conditions.
Examples given include gear for offshore fishing, offshore sailing, whitewater kayaking and mountaineering.
| Product | Likely severe-wet? |
|---|---|
| Offshore sailing foul-weather jacket | Likely yes |
| Whitewater drysuit | Likely yes |
| Technical alpine shell marketed to mountaineers | Possibly |
| Everyday rain jacket for city and trail | Unlikely |
| Ski jacket for resort skiing | Unlikely |
| Kids' rain jacket | Very unlikely |
If your marketing targets general consumers, you probably can't rely on the exception. Be honest with yourself; regulators will look at how you sell it.
How to label correctly
On the product
- Use the exact disclosure wording required by the law.
- Make it legible and easy to see: on a hangtag, a sewn-in label, or both.
- Keep it on every unit sold into the state.
Online
- Put the disclosure on the product page, close to the product name or description.
- Don't hide it behind tabs or in fine print at the bottom.
- Include it on marketplace listings you control.
Internally
- Keep a list of every SKU that uses the exception, with your reasoning for why it qualifies.
- Keep supplier data showing which PFAS are present and where.
Don't forget other states
The California label doesn't help you in states with outright bans:
- Colorado has its own rules for severe-wet outdoor apparel and expands bans to broader outdoor apparel in 2028. See Colorado PFAS law.
- Maine excludes severe-wet outdoor apparel from its 2026 textile ban, but the 2032 broad ban will apply unless a CUU is granted.
- Minnesota requires reporting any product with intentionally added PFAS and plans a broad ban in 2032.
- New Mexico bans textiles with intentionally added PFAS from 2028; check how it treats outdoor apparel.
Document your classification
If a regulator or retailer questions whether a product qualifies as severe-wet outdoor apparel, you'll want a short file ready:
- Product description and intended use (e.g., offshore sailing).
- Marketing evidence showing it's sold to experts, not general consumers: channels, copy, athlete programs.
- Technical specs showing protection for extended extreme rain or immersion.
- PFAS data: which component, which PFAS, from which supplier.
- Label proof: photos of the hangtag or sewn label and screenshots of online listings.
- Transition plan to PFAS-free materials before January 1, 2028.
Common labeling mistakes
- Label on the box only. If the product is displayed without the box, buyers may never see it.
- Missing online disclosure. The law covers products sold online too.
- Using the exception for a general rain jacket. Marketing a product to commuters and hikers undercuts the "experts only" test.
- Forgetting marketplaces. Listings you control on third-party sites need the disclosure too.
- Different rules in Connecticut. Check its labeling order separately.
Plan for 2028
The California exception ends January 1, 2028. That's about five product seasons away for most brands. Steps:
- List every severe-wet SKU.
- Identify which component carries PFAS (often the DWR or the membrane).
- Sample PFAS-free alternatives now and field-test them.
- Set a last production date for PFAS versions that clears inventory before 2028.
See PFAS-free DWR for outdoor apparel.
Label checklist
- Each severe-wet SKU listed with reasons it qualifies
- PFAS component and chemistry identified
- Disclosure on product (hangtag or label) for California
- Disclosure on every online listing you control
- Connecticut wording checked against DEEP's order
- Photos and screenshots saved in the evidence file
- PFAS-free replacement scheduled before January 1, 2028
More questions
"Can we label a product that doesn't qualify as severe-wet and keep selling it?" No. The label route is only for products that meet the definition. Others must meet the ban.
"Does the label need to be in a specific size or place?" It must be legible and easy to see. Have counsel review placement and wording.
What to do this week
- Pull a list of every SKU currently sold with the severe-wet exception, and ask product managers to confirm each still fits the definition.
- Screenshot every online listing for those SKUs and check the disclosure appears clearly.
- Ask your membrane and finish suppliers for PFAS-free samples suitable for severe-wet performance.
- Set a decision date, ideally early 2027, for when PFAS versions stop being produced.
Key terms
- Outdoor apparel for severe wet conditions: Apparel not marketed for general consumer use, designed for experts, protecting against extended extreme rain or immersion.
- Disclosure: The statement that a product is made with PFAS chemicals, shown on the product and online.
- General consumer use: Everyday marketing to the public, which undercuts a severe-wet classification.
- Labeling order: Connecticut DEEP's December 2025 order setting disclosure details.
- Transition date: January 1, 2028, when California's severe-wet allowance ends.
Mistakes to avoid
- Relying on the label for products sold to commuters, hikers or skiers.
- Assuming one label wording satisfies every state.
- Forgetting the 2028 end date when planning production.
The bottom line
The "Made with PFAS chemicals" label is a short bridge, not a long-term route. Use it only for products that truly qualify, label clearly on the product and online, and switch to PFAS-free materials before January 1, 2028.
How Secuabase helps
We confirm which components in your technical line carry PFAS, keep the evidence behind each severe-wet classification, and track the switch to PFAS-free materials ahead of 2028.
For our first partners we run it free on one product line. Book a quick chat.
FAQ
Who must use the label?
Severe-wet outdoor apparel with regulated PFAS sold in California, until 2028; Connecticut has similar labeling from 2026.
What is severe-wet outdoor apparel?
Expert gear, not marketed to general consumers, for extreme rain or immersion.
Does the label allow PFAS forever?
No. California's exception ends January 1, 2028.
General information, not legal advice. Confirm exact label wording with counsel. Facts checked October 2026.
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