Cookware Industry Group Challenges Ban on PFAS-Containing Products

A cookware industry association has filed a legal challenge in a US federal court against a newly enacted Minnesota law, describing it as ‘unconstitutional’.

The Cookware Sustainability Alliance has brought the case against Katrina Kessler, Commissioner of the Minnesota Pollution Control Agency (MPCA). The group is seeking a court ruling to declare Amara’s Law, which came into effect on January 1, both unconstitutional and unenforceable.

The legislation prohibits the sale and distribution of cookware containing PFAS—dubbed “forever chemicals”—which have been linked to severe health conditions, including cancer. The ban extends to 11 categories of consumer goods, including cookware, carpets, and menstrual products.

The lawsuit argues that the law discriminates against businesses operating outside Minnesota and places undue strain on interstate commerce. It alleges that the legislation violates the Commerce Clause of the US Constitution. A spokesperson for Cozen O’Connor, the legal firm representing the cookware group, declined to comment on the ongoing case.

The MPCA released a statement defending the law, emphasising its importance in addressing the long-term environmental impact of PFAS. “It is estimated Minnesota taxpayers will need to spend $28 billion over the next 20 years to remove PFAS from wastewater and landfill leachate in the state,” the statement said. “We simply cannot clean our way out of this problem.”

Constitutional and environmental law expert Mehmet Konar-Steenberg, a professor at Mitchell Hamline School of Law, noted that the plaintiffs appear to question whether the law’s benefits outweigh its impact on businesses.

“They’re essentially arguing that the public health benefits of the law do not justify the difficulties it creates for out-of-state companies operating in Minnesota,” he explained. “In their view, the law imposes disproportionate burdens.”

The outcome of this legal battle could have significant implications for both the cookware industry and wider efforts to regulate PFAS in consumer products.