Last week, the EU added two substances to the REACH Candidate List of Substances of Very High Concern: bisphenol AF, and n-hexane. For those of us who are not experts in chemical regulations, this may sound quite technical – but read on to learn why this matters and how it affects you as a consumer.

What is the Candidate List of Substances of Very High Concern?

In short, it is a list of substances that have been identified officially under the EU’s main chemicals law, REACH, as hazardous to people or the environment. These substances are called Substances of Very High Concern (often shortened to SVHCs). Pesticides are not included in this list, as they are regulated under a different piece of EU legislation.

The purpose of the list is to ensure that the substances are eventually replaced with safer alternatives. There are currently over 250 substances on the list, and examples include bisphenol A (BPA), certain plasticisers like phthalates, and melamine used in food contact materials.

How are substances added to the List?

Substances with certain hazardous properties can be added to the list:

• carcinogenic, mutagenic, or toxic for reproduction (CMR);
• persistent, bioaccumulative and toxic (PBT);
• very persistent and very bioaccumulative (vPvB);
• or as having an equivalent level of concern, including endocrine disrupting chemicals (EDCs) or chemicals that are persistent and mobile.

A Member State, or the European Chemicals Agency (at the request of the European Commission), can propose a substance to be identified as an SVHC by submitting a dossier with scientific evidence. Following this, there is a public consultation where other relevant stakeholders (such as companies and NGOs) can submit comments. CHEM Trust has contributed to these processes by submitting comments to consultations for over a decade. Substances are added to the list twice a year following discussions by a committee of experts from EU Member States.

Which substances were added recently?

Bisphenol AF (and its salts): this substance has reprotoxic properties, which means it is toxic to the reproductive system.

N-hexane: this substance is a neurotoxicant, which means it can have toxic impacts on the brain. Evidence has shown that long-lasting impacts can occur even after exposure to the substance has stopped, indicating the severity of its effects. In our 2017 report ‘No Brainer’, we highlighted the need for more attention on exposure to neurotoxic and neurodevelopmental substances, given their potential to lead to damage to the brain and nervous system.

CHEM Trust submitted comments supporting the addition of both substances.

What happens once a substance is on the List?

Once a substance is on the List, it signifies that the substance may be subject to further regulatory action in the future. It also sends a signal to industry that it should move away from using this substance, and brings in immediate legal obligations that companies must follow.

One of these obligations is a requirement to inform customers and consumers – and this is where it is relevant to us as consumers.

If a chemical is put on this list, people in the EU can ask whether it is in the products they buy. If it makes up more than 0.1% of a product’s weight, companies are legally required to tell them. This right is set out in REACH, the EU’s main chemical safety regulation.

EU law defines an article as ‘an object which during production is given a special shape, surface or design that determines its function to a greater degree than its chemical composition’. In practice, this means most solid items such as clothing, furniture, shoes, sports equipment, flooring, toys, electronic devices, jewellery, newspapers, and plastic packaging.

Certain other products, such as food, cosmetics, paints, detergents and cleaning agents, are subject to other regulations and are not considered to be articles within this law.

How can a consumer use their Right to Know?

If you would like to know if a product contains an SVHC, you can contact the supplier, for example, via email or letter and ask them. If it does contain an SVHC at an amount that’s more than 0.1% of the product’s weight, the company must at least disclose the name of the SVHC. The company is not obliged to provide information about other substances.

If a company does not respond to requests, consumers can contact their national competent authority that enforces REACH in their country. Find out who your national competent authority for REACH is here.

The Scan4Chem app allows consumers to check for SVHCs in products and send a request to obtain the information.

An additional benefit for consumers is that, under the EU Ecolabel Regulation, products containing SVHCs cannot have the ecolabel award.

What about consumers in the UK?

Under UK REACH, consumers in the UK also have the right to know if there are SVHCs in articles that they buy. See this article for further information.

However, since Brexit, the UK has added fewer substances to its SVHC list than the EU. This is another example of how the UK is falling behind EU protections on harmful chemicals, and why CHEM Trust is calling for the UK to align with EU chemical regulations.

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