March Updates on Per- and Polyfluorinated Substances (PFAS)


EUROPEAN UNION

PFAS restriction under REACH – RAC opinion adopted, SEAC draft opinion agreed and public consultation launched. A major milestone has been reached in the EU generic restriction process for PFAS. On 2 March 2026, the European Chemicals Agency’s Committee for Risk Assessment (RAC) adopted its final opinion, followed shortly after by the adoption of the draft opinion of the Socio-Economic Analysis Committee (SEAC) on 10 March.

Both are supportive of the restriction and of most of the proposed derogations, even though they acknowledge the existence of significant gaps in the dossier and potential enforcement issues due to a lack of available analytical methods. Both committees recommend that any restriction be complemented by measures to minimise emissions, including monitoring obligations, supply-chain communication and labelling requirements, with reservations expressed by the SEAC on the potential costs of such measures.

Both opinions were made available on 26 March, accompanied by the launch of a 60-day public consultation on the SEAC’s draft opinion (open until 25 May 2026). This consultation represents the final formal opportunity for stakeholders to provide evidence on the socio-economic impacts of the restriction, including on the availability of alternatives, on sector-specific constraints and on the need for derogations or transitional periods.

SEAC is expected to adopt its final opinion by the end of 2026, which will then be transmitted to the European Commission in support of the preparation of a draft restriction.

PFAS in packaging – Commission task force on testing methodology under PPWR. The EU Commission has established a dedicated task force on PFAS in food contact packaging under the Packaging and Packaging Waste Regulation (PPWR). The task force is mandated to develop a harmonised testing methodology to verify compliance with applicable PFAS thresholds. Conclusions are expected by June 2026, ahead of the Regulation’s application in August 2026.

Commission engagement with Member States on contamination and remediation. The Commissioner for Enviroment Jessika Roswall visited a PFAS remediation site in Soesterberg (the Netherlands) and held discussions with national authorities, companies and civil society representatives on PFAS contamination and clean-up measures. The visit forms part of the Commission’s ongoing engagement with Member States on PFAS-related risks and remediation efforts, in parallel with the ongoing assessment of a potential EU-wide restriction under the REACH framework.

EU MEMBER STATES

France

PFAS water pollution levy – consultation expected. Statements made before the French National Assembly on 25 March 2026 indicate that the draft implementing decree establishing the list of PFAS substances covered by the water pollution levy is now ready for public consultation. The consultation is expected to last one month, with adoption of the decree anticipated by late April or early May 2026. The levy, introduced under the law of 27 February 2025 and confirmed in the 2026 Finance Law, entered into force on 1 March 2026.

UNITED KINGDOM

Key takeaways from House of Lords (“HL”) debate on PFAS – On 5 March 2026, the HL held a short but substantive debate on the Government’s PFAS Pla) and its implications. The discussion highlighted political pressure for accelerated action, the UK’s alignment with evolving EU measures, and increasing expectations on industry to transition away from PFAS.

Contaminated land regime investigation considering PFAS: It has been reported that a local authority, working with the UK’s Environment Agency, has closed an allotment in Lancashire, following an investigation under the UK ‘Contaminated Land Regime’ (“CLR”), due to PFOA (Perfluorooctanoic Acid) being present in both shallow soil samples and the vegetable produce grown on site, at levels deemed to pose a potential risk to human health. Under CLR, local authorities must identify contaminated land in their area, and the relevant enforcing authority must then require those who are responsible for the contamination to remediate it. It has been reported that this is the first time an investigation under the CLR has considered PFAS pollution.

OTHER

Litigation as a regulatory driver. At a 2026 summit organised by ClientEarth, an environmental law NGO, legal experts highlighted the increasing use of litigation as a tool to address PFAS contamination and support regulatory phase-outs. Discussions focused on the role of strategic litigation in advancing environmental objectives, including actions aimed at establishing liability for pollution and influencing regulatory outcomes.

Stakeholder initiative on labelling of PFAS in textiles (“Forever Labels”). A stakeholder initiative aimed at increasing transparency on PFAS in consumer products has been launched in the context of the European Climate Pact, a Commission-led initiative bringing together individuals and organisations to support climate action. The campaign, referred to as “Forever Labels”, calls for the introduction of visible labelling on clothing containing PFAS.

The initiative advocates for mandatory disclosure of PFAS content in textiles in order to support informed consumer choice, encourage substitution of hazardous substances and facilitate recycling and circularity in the textiles sector.



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