Proposed New Jersey Law Requiring Labeling of and an Eventual Ban on Products Containing Intentionally Added Microplastics Signals Shift to Greater Microplastics Regulation

On September 14, New Jersey Assemblywoman Shama Haider proposed legislation–Assembly Bill A5452, the Protecting Against Microplastics Act, A.B. 5452, 222d Leg. (N.J. 2026) (the Bill)–that would require manufacturers to label cleaning, cosmetic, foodware, and ingestible products containing intentionally added microplastics or that could generate synthetic polymer microparticles or other secondary microplastics. The Bill, if passed, would eventually ban the sale of those products altogether. The Bill, if passed, has broad implications for manufacturers, brand owners, importers, distributors, retailers, and online sellers, and its progression through the New Jersey Legislature should be closely monitored. Even if the Bill fails, it signals an ongoing shift towards greater microplastics regulation in New Jersey.

The Bill

To our knowledge, the Bill would be the first law of its kind in the United States insofar as it seeks to enact an outright ban on the sale of products containing intentionally added microplastics. Perhaps uncoincidentally, it follows the recent signing by Governor Mikie Sherrill of legislation banning the sale of certain products containing intentionally added per- and polyfluoroalkyl substances (PFAS) in New Jersey.

The Bill defines microplastics as synthetic polymer and chemical additive materials 5 millimeters or smaller that have been “intentionally added” during manufacturing and industrial processes.¹ In addition to intentionally added microplastics, the Bill regulates products that “could generate” secondary microplastics through degradation, shedding, or fragmentation–a broad category.² Similarly, “manufacturer” is broadly defined to include not just those that create the products but also the brand owners and, for imports, the first domestic distributors.³

Importantly, only four product categories face regulation under the Bill: (1) cleaning products, (2) cosmetics, (3) foodware, and (4) potentially ingestible products such as edibles, facial products, or anything that is intended to be swallowed or inhaled, including tea bags, coffee grounds, talcum powder, and pet food.⁴

If enacted, the Bill’s requirements would roll out in three phases. During the first year, regulated entities would be required to provide exterior label disclosure of intentionally added microplastics or the potential to generate secondary microplastics.⁵ During the second year, the Bill would require bilingual–English and Spanish–labeling stating: “This product contains microplastics.”⁶ That label must be visible in online listings, and manufacturers will be prohibited from making “microplastic-free” claims for products that contain intentionally added microplastics.^7,8 During the third year, the Bill would enact a full sales ban on subject products containing intentionally added microplastics or that are capable of generating secondary microplastics.⁹ Currently, foodware is the only category of products exempt from the ban.¹⁰

Enforcement

The Bill would empower the New Jersey Division of Consumer Affairs to enforce the law with periodic audits at the manufacturer’s expense, stop-sale orders, public identification of violators, and penalties of $1,000 to $20,000 per violation or up to $25,000 per day, which are enforceable through court action such as an order to show cause.¹¹ As is typical of New Jersey environmental statutes, each day of noncompliance constitutes a separate offense.¹²

Potential Implications

The Bill will now begin its journey through the New Jersey Legislature, where it will inevitably undergo revisions and be subject to comment from stakeholders. If it clears the Legislature, it will eventually be presented to Governor Sherrill for signature.

If enacted, the Bill would likely be one of the strictest microplastic laws on record. Only one other state has introduced a bill of similar magnitude, but that bill did not pass.¹³

Regardless of whether the Bill ultimately passes in New Jersey, it signals a tide change toward greater congressional focus on microplastics and their potential regulation. As with PFAS, some type of regulation of microplastics is likely inevitable. For now, entities potentially subject to the Bill should monitor its progression closely and keep a close eye on other microplastics litigation across the United States. In addition, entities generating products that contain or might generate microplastics should evaluate any marketing claims that the products are “microplastics-free” or words of similar import. While the Bill’s ban on these statements is not yet in effect, such statements–if false or misleading–can lead to consumer fraud claims and other types of consumer liability exposure.

For questions about the Bill and microplastics in general, please contact us with any questions about how this proposal may affect your business.

¹ A.B. 5452 § 2.
² Id.
³ Id.
⁴ Id. § 3.
⁵ Id.
⁶ Id. § 4.
⁷ Id.
⁸ Manufacturers generating products that contain microplastics should already be avoiding these types of claims in light of potential consumer fraud liability, but the Bill would make it an express statutory obligation.
⁹ Id. § 5.
¹⁰ Id.
¹¹ Id. §§ 6-7.
¹² Id. §§ 7(d)-(e).
¹³ See S.2534, Microplastics Reduction Act (Rhode Island, Feb. 13, 2026).