PFAS chemicals, per- and polyfluoroalkyl substances, are a group of over 10,000 chemicals also known as the ‘forever chemicals’ because they hardly degrade in the environment. Pollution from these chemicals is pervasive across Europe, with almost 23,000 sites already polluted with PFAS, and a further 21,500 sites suspected to be contaminated. PFAS are in are in our food, drinking water, air, soil, rivers, and seas. In some areas, pollution levels are so high that local authorities have even warned residents not to drink their tap water. Evidence linking PFAS exposure to serious health issues continues to grow – from certain cancers, to immune and reproductive issues.
A broad EU restriction on PFAS in various consumer and industrial products was proposed by 5 member states (Germany, Denmark, Sweden, the Netherlands and Norway) in 2023.
Whilst waiting for the uPFAS restriction to come into effect, some member states like France and Denmark have already started acting on PFAS pollution and brought in national bans on PFAS use in some consumer products. Some other member states are also developing national policies to deal with PFAS pollution. Various companies across the EU are also phasing out PFAS ahead of EU action.
In a new briefing, CHEM Trust looks at the role of national action in regulating PFAS — the benefits and the limitations — using France and Denmark as case studies.
Benefits of national action
National bans on PFAS use, in addition to other actions (such as increased monitoring, remediation, etc.) can put in place a degree of environmental and health protection ahead of the EU PFAS regulations. So far, regulations in Denmark and France only apply to a limited range of PFAS uses in some consumer products (like footwear, cosmetics etc.) and do not include industrial uses of PFAS (which are also a major source of PFAS emissions). However, regulating consumer uses of PFAS can still have some positive impact. For example:
- Cosmetics companies in France acted in anticipation of the national ban to make PFAS-free products – anticipation of new regulations can be a stronger incentive to act than voluntary initiatives alone. This is good news for French citizens, especially women, who are the main purchasers of cosmetic products and who are also disproportionately impacted by harmful chemicals.
- Paper food packaging in Denmark has been found to be more likely to be PFAS-free than in other member states following its national regulations. This removes one potential source of exposure of PFAS to Danish consumers.
- The ban on PFAS in consumer textiles in Denmark, which will come into force in 2026, will reduce one of the country’s major sources of PFAS emissions.
- Denmark’s action plan increases resources for monitoring PFAS chemicals and cleaning up contaminated sites, and the new polluter pays tax in France will help municipalities pay for monitoring and remediation.
- National bans can be designed to align with the forthcoming EU restriction – as France and Denmark have shown by acting in harmony with the proposed EU-wide PFAS restriction. Early action by member states can also prompt PFAS-free innovation amongst companies who can join the growing number of companies already shifting to PFAS-free alternatives in a range of products.
Limitations and challenges of national action
- So far, national bans have only been applied to a limited range of consumer products and have been subject to lobbying from specific industries. The French ban, for example, was weakened to remove cookware.
- No industrial uses of PFAS have been included in national bans, yet industrial uses are a major source of emissions.
- National bans can risk disrupting the single market. However, so far, national bans are aligned with the uPFAS restriction, so have not been found to be problematic.
- National bans may only protect citizens in the countries where they are implemented but citizens across the EU should have equal protection from harmful chemicals.
- National bans have been applied to imported products, but enforcing regulations in products purchased online is challenging for national governments and the EU.
Conclusion: National actions have a crucial role, but EU-wide action is still needed
Denmark and France are leading the way in delivering regulatory responses to citizens’ concerns about PFAS. National bans, backed by funding for additional research, monitoring public education, and cleanup, can improve environmental and health protection in those countries ahead of the introduction of EU regulations. They can also be a catalyst for companies to innovate and demonstrate that PFAS-free products are possible.
However, in order to protect human health and the environment equally across all member states it is essential that a broad restriction on PFAS covering consumer and industrial uses is introduced and implemented at the EU level.
Sandra Bell at CHEM Trust said:
“It’s understandable that across Europe citizens are demanding action on harmful PFAS chemicals from their governments. National bans like those in Denmark and France are welcome because they can help reduce exposure and emissions from some products – but they don’t go far enough. A broad restriction on PFAS is needed that covers a much wider range of uses including industrial uses to ensure that all EU citizens are given equal protection.”.
Our new briefing on national action is here, more information about PFAS can be found here.
