Minnesota PFAS ban: Nonstick pan makers challenge new law

MINNEAPOLIS (FOX 9) - A cookware group is suing the Minnesota Pollution Control Agency over the new law banning PFAS in cookware, claiming it’s unconstitutional.

Lawsuit over PFAS ban

What we know: The Cookware Sustainability Alliance (CSA), a group representing cookware manufacturers, filed a lawsuit on Monday against Minnesota Pollution Control Agency Commissioner Katrina Kessler over the new state law banning PFAS, also known as "forever chemicals". 

The law states that starting on Jan. 1, 11 categories of products containing intentionally added PFAS may not be sold or distributed in Minnesota, including cookware. 

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CSA argues that the law is unconstitutional, it’s too disruptive to interstate commerce, their nonstick cookware with PFAS is safe, and the burdens imposed on cookware makers fail to benefit the public. The organization is seeking a preliminary injunction to prevent the MPCA Commissioner from enforcing the statue against nonstick cookware manufactured by CSA member companies.  

The other side:

Assistant Attorney General Oliver Larson filed a letter in court, saying the suit is "ill-founded" and plans to file a motion to dismiss. 

"As you would expect, the Commissioner believes the suit is ill-founded, and will bring a motion to dismiss," the letter reads. "The plaintiff’s lack of diligence in bringing suit is even more salient on the present issue of scheduling. Neither this Court, nor the Commissioner, should be forced into fire-drill litigation concerning a preliminary injunction when the plaintiff had eighteen months to file its suit, but instead waited until after the statute went into effect before filing."

Nonstick cookware

Dig deeper: The lawsuit states that nonstick products accounted for nearly 63% of the U.S. cookware market in 2023. CSA members supply approximately 47% of fluoropolymer nonstick products nationwide, and 57% of such products in Minnesota, within a 12-month period ending in September 2024. 

CSA argues the fluoropolymers used to create nonstick cookware have been deemed safe by the FDA, and claims they cannot be absorbed by the human body. 

"Consequently, the Statute’s prohibition on the sale of Subject Cookware — products that are made exclusively out of state — does nothing to advance the State’s interest in the health of its citizens, because the Subject Cookware presents no risk to human health in the first place," court records read.

Economic impact

The big picture: The complaint argues the law will place "significant burdens" on the supply chain, manufacturers and retailers for cookware, essentially eliminating the market in Minnesota. 

The CSA claims that members face "significant economic harm … no matter what course of action they take" and must decide between withdrawing from the Minnesota market and losing significant revenue, or spending a large amount of money and resources to "convert their existing supply chains, manufacturing capacity, and distribution systems — for the entire global market — to the production of alternative nonstick products for the sake of consumers in Minnesota despite having safe and effective products available to sell today."

The president of CSA claims in a court filing that since at least September 2024, Minnesota distributors have canceled or not renewed orders for nonstick cookware made by CAS members, resulting in the loss of approximately a quarter of annual sales, estimated to be around $5.4 million dollars. 

According to court records, the CSA argues the law is unconstitutional, in part, because it discriminates against out-of-state commerce and imposes a substantial burden on interstate commerce. The law also requires companies to share protected trade secrets about their products without enough safeguards.

What’s next: The CSA requests the court to declare the law as unconstitutional and block the state from enforcing the law. It further asked the court to expedite the handling of the motions, and Assistant Attorney General Larson requested a hearing date to be set in approximately 60 days. 

CSA’s members include some of the leading cookware manufacturers, including Meyer Corporation U.S., Groupe SEB and Tramontina. 

Read the full lawsuit below: