PFAS – Forever Chemicals – What you need to know and how Future Policy will Impact your Business

Certitude Sustainability,

What are PFAS?

Per- and polyfluorinated alkyl substances (PFAS) are approximately 10,000 different chemicals used in a wide range of products due to their water, oil and dirt repellent properties, their tolerance to high temperatures and pressures, and their non-stick qualities. These qualities are generated from a carbon-fluorine bond, which makes them very slow to break down in the environment.

They can be found in: textiles, cleaning agents, food packaging, pesticides, PPE, fire-fighting foam (FFF), cosmetics, pharmaceuticals, paints, sealants, varnishes, hydraulic fluids, surfactants, plastics, rubber, non-stick coatings. The list is endless.

Major manufacturers of PFAS products are moving away from their production and others, particularly in the US, are struggling with litigation costs due to the impacts affected on the environment and human health.

What is the Regulatory Position?

In the US restrictions are being imposed State by State with approximately 22 States currently banning PFAS for varying uses.

The EU have proposed a complete ban on all PFAS, with some use-specific, time-limited derogations but with a proposed entry into force of 2026-2027.

The UK’s Health and Safety Executive (HSE) have published their analysis of how to tackle PFAS in the UK, and they have stopped short of mirroring the EU’s complete ban. They have however recommended:

  • Research to potentially support one or more restrictions of PFAS under UK REACH for substances categorised as: carcinogenic, mutagenic or toxic to reproduction (CMRs); persistent and bioaccumulative (PBTs); very persistent very bioaccumulative (vPvBs); or substances of equivalent concern. 
  • Further evaluation and investigation of substances that have been highlighted to be of concern.
  • Continued collaboration across government and external stakeholders to bring together work on PFAS strategically, including a review of F-gas regulations to determine whether additional PFAS registered under UK REACH should be brought within scope. 
  • The development of statutory standards for PFAS in drinking water.

How will Your Business be Impacted and What can you Do?

Without doubt PFAS products that your business uses will be restricted by regulation sooner or later. Prior to this, availability of PFAS products will reduce as businesses see the writing on the wall and make decisions for their future.

All business will be impacted. Whether your business is in a key PFAS sector, e.g. chemicals or waterproofing or not, it will currently be buying and using products containing PFAS.

Start now to identify PFAS in your products, manufacture and supply chain and look to obtain alternatives prior to this risk impacting your day to day business operations.