EU Sets PFAS Restrictions in Consumer Products

EU establishes regulations to limit the use of PFAS in consumer products under REACH, POP legislation and the SVHC list. Larger proposals are being developed to cover a greater number of substances.

May 11, 2023

By Roberta Canciello, senior technical specialist, Retail Consumer Products team, UL Solutions

Several regulatory actions are being taken to regulate per- and polyfluoroalkyl substances (PFAS) in consumer products in the EU. These toxic substances are also known as “forever chemicals” due to their high persistence. Without the ability to degrade, their concentration in the environment will continue to increase. Exposure to these substances can have negative effects on both humans and the environment.

PFASs are a group of about 10,000 mainly man-made substances used in numerous applications in the EU. These applications include textiles, food packaging, lubricants, refrigerants, electronics, construction and many more.

In the EU, some PFAS are already regulated under REACH and POP legislation (see Table 1) and the SVHC list, while other groups are being proposed for restrictions (see Table 2).

Table 1

	PFAS currently restricted in the EU
Substance group	Limits in articles	Applicable from
PFOA and PFOA related substances (various cas numbers)	25 ppb as total content and 1000 ppb for PFOA-related substances	July 4, 2020
PFOS (various CAS numbers)	1 microg/m² for treated articles and 0.1% by weight as total content	Aug. 25, 2010
PFCA and PFCA related substances (various CAS numbers)	25 ppb for the sum of C9-C14 PFCAs and their salts or 260 ppb for the sum of C9-C14 PFCA-related substances	Feb. 25, 2023
PFHxS	25 ppb for the sum of PFHxS and their salts or 1,000 ppb for the sum of PFHxS -related substances	Aug. 28, 2023

Table 2

	PFAS groups under proposal for restrictions in the EU
Substance group	Limits in articles	Applicable from
PFHxA	25 ppb for the sum of PFHxA and their salts or 1,000 ppb for the sum of PFHxA -related substances	Still under proposal

The current larger proposals for restriction (see Table 3) will cover a greater number of substances with specific exemptions and different dates of entry into force for specific uses.

PFAS are defined as any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom without any H/Cl/Br/I attached to it.

A substance that only contains the following structural elements is excluded from the scope of the proposed restriction: -CF3-X or X-CF2-X’, where X = -OR or -NRR’ and X’ = methyl (-CH3), methylene (-CH2-), an aromatic group, a carbonyl group (-C(O)-), -OR’’, -SR’’ or –NR’’R’’’, and where R/R’/R’’/R’’’ is a hydrogen (-H), methyl (-CH3), methylene (-CH2-), an aromatic group or a carbonyl group (-C(O)-).

Table 3

	Larger proposals for PFAS restriction
Restriction proposals	Limits in articles	Applicable from
Option 1	Full ban	Still under proposal and there will be a transition period of 18 months without derogations.
Option 2	25 ppb for any PFAS as measured with targeted PFAS analysis (polymeric PFAS excluded from quantification) 250 ppb for the sum of PFAS measured as sum of targeted PFAS analysis, optionally with prior degradation of precursors (polymeric PFAS excluded from quantification) 50 ppm for PFASs (polymeric PFASs included) If total fluorine exceeds 50 mg F/kg, the manufacturer, importer or downstream user shall provide proof of the fluorine measured as content of either PFAS or non-PFAS to the enforcement authorities upon request.	Still under proposal and there will be a transition period of 18 months with derogation for some uses.

In the spring 2024 there have been some EU Initiatives at State level (Denmark and France) to introduce a legislation to limit PFAS that could enter into force in 2026, before the actual proposal under REACH for PFAS.

The Danish government proposes to introduce a national ban on PFAS in clothing, shoes and waterproofing agents. PFAS in professional clothing and safety clothing will not be part of the ban.

The executive order on the ban is expected to be ready on July 1, 2025. The government proposes to give business a transition period of one year, so that the ban applies from July 1, 2026. The ban will be implemented in practice by setting limit values that ensure that PFAS cannot be deliberately used in clothing, shoes and impregnation.

Elsewhere in the EU, France's National Assembly recently approved the first reading of a bill that would restrict the manufacture and sale of non-essential products containing PFAS, a first step in the legislative process.

This draft law is aimed at protecting the population from the risks linked to perfluoroalkyl and polyfluoroalkyl substances. It proposes, starting January 1, 2026, the prohibition of the manufacture, importation, exportation, and placing on the market of various products like cosmetic, wax and textile clothing products. It also proposes to completely prohibit the use of PFAS in any textile product by January 1, 2030.

To ensure compliance with regulatory requirements, relevant enterprises should familiarize themselves with these requirements as early as possible and adapt their protocols and manuals to investigate the presence of PFAS in their products.

UL Solutions can assist customers in finding the best strategies for complying with PFAS regulations in terms of both testing and communication along the supply chain. Additionally, we can provide support and training to help customers prepare for regulatory changes and upcoming restrictions on PFAS.

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