Plasticizer PIP (3:1) Ban Is Still a Year Away, but Affected Companies Should Act Today

What Is PIP (3:1)?
PIP (3:1) is a versatile compound often used as a plasticizer and flame retardant, and in industrial applications like hydraulic fluids, lubricants, adhesives and sealants. Because of PIP (3:1)’s ability to increase plastic malleability and flexibility, it is present in many electronic appliances (including everyday home appliances and commercial appliances like warehouse forklifts) and in electronics manufacturing. PIP (3:1) is also commonly used in the fashion industry as a plasticizer. Some common fashion articles that may contain PIP (3:1) are synthetic or faux leather products that use PVC, shoes and protective gear for firefighters.

Why Is the EPA Banning PIP (3:1)?
The EPA, under section 6(h) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, is required to act “to reduce exposures to certain chemicals that are persistent, bioaccumulative and toxic (PBT).” PIP (3:1) is considered to be one of those chemicals because it can accumulate in the environment—from wildlife, plant life, to human life—over time, and with pervasive effects. PIP (3:1) has shown to be toxic to aquatic wildlife and humans alike, with the impact on the latter being potentially damaging to reproductive and developmental functions in the body.

Relevant Exemptions
The impending 2026 ban will apply to all products containing PIP (3:1), with exemptions listed below.

• Articles with less than 0.1 percent of PIP (3:1) by weight, but only if the PIP (3:1) was unintentionally added;
• Hydraulic fluids for the aviation industry or to meet military specifications where there is no alternative that meets the requirements;
• Lubricants and greases for aerospace use and turbine engines;
• Products for use in circuit boards and wire harnesses;
• Using PIP (3:1) or products with PIP (3:1) as an intermediate in a closed system to make cyanoacrylate adhesives;
• Specialized engine air filters for locomotive and marine uses;
• New automotive manufacturing (until November 21, 2039);
• Plastic materials recovered from articles that originally contained PIP (3:1), as long as no additional PIP (3:1) is introduced during the recycling process;
• Finished articles manufactured using recycled or reused plastic from items that contained PIP (3:1), provided that no new PIP (3:1) was added during production; and
• Articles already containing PIP (3:1) that are used for repair or maintenance (again, without any new PIP (3:1) being added).

Enforcement and Penalties
Violation of PIP (3:1) deadlines will trigger civil and criminal penalties and enforcement under the federal TSCA. Under 15 U.S.C. § 2615(a), any person who “use[s] for commercial purposes a chemical substance or mixture” prohibited by TSCA will be liable for civil penalties up to $37,500 for each violation (with each day the violation continues constituting a separate violation). The ultimate amount depends on “the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.” Under 15 U.S.C. § 2615(b)(1), the criminal penalty is up to $50,000 for each day of violation and/or imprisonment for up to a year.

Conclusion
The ban on most PIP (3:1) products hitting the market after October 31, 2026, will have important consequences (and potential penalties) for affected companies. Now is the ideal time to reassess articles and supply chains and ensure a complete phaseout by next year.

Contact your regular Pillsbury contact or the authors of this alert for recommendations on how to address the above concerns to the extent practicable.