PFAS: expect more regulation of ‘forever chemicals’, businesses told

However, Zoe Betts and Katie Hancock of Pinsent Masons said the government’s immediate focus is more on understanding the effects of PFAS – on people and the environment – and in encouraging industry innovation aimed at identifying safe alternatives to PFAS.

PFAS is a class of approximately 10,000 fluorinated chemicals. These chemicals serve different purposes – depending on the chemical and the product, they can make products resistant to oil, water, or heat, for example. As a result of these properties, PFAS are used in a wide range of ways. They are contained in beauty and healthcare products, clothing, in food and drinks packaging, in cleaning chemicals, and used in the manufacture of semiconductors, among other things.

Some PFAS chemicals are known to degrade very slowly – data is not available on all of them – which has led to the colloquialism ‘forever chemicals’ being used to describe them.

In its PFAS plan, the government set out its “long-term vision” in relation to PFAS. This is to “work in partnership, taking a science-based and proportionate approach, to reduce and minimise the impacts of harmful PFAS on public health and the environment, including through the transition to safer alternatives”.

To meet this vision, the government intends to take action under three central ‘pillars’: it wants to understand more about the sources of PFAS; to account for their movement around society and the environment; and to reduce and manage ongoing exposure to PFAS for people, animals and the environment.

On the first of these, a series of monitoring and research projects are planned. These include projects designed to better understand the levels of PFAS contamination in water and food systems, as well as their effect on fish and other wildlife and the ecosystems that support them.

Another focus will be on supporting “industry efforts to explore safer alternatives” to PFAS over the coming years. At the moment, though, there are “no viable alternatives” to certain uses of PFAS, the government said, adding that its approach to regulatory intervention would need to account for that.

The government said: “While exploring future interventions, we must recognise that critical functions are performed by some PFAS substances that provide benefits to society and the environment, for example mitigating climate change and protecting the ozone layer. We must remain alive to the tension of managing the harmful impacts of some PFAS substances while not losing those benefits that cannot currently be replaced by viable non-PFAS alternatives and not creating new risks such as those relating to safety. Government, industry, environmentalists and others will need to collaborate closely as we seek to navigate this challenge and effectively balance outcomes.”

Some restrictions on use of PFAS could be pursued in the short-term, however. The government confirmed a potential ban on PFAS in firefighting foams – it is to consider what action to take after the Health and Safety Executive publishes its final opinion on the matter, expected later this year.

The government also has duties under an international treaty to eliminate other PFAS that constitute ‘persistent organic pollutants’ (POPs). In this context, it is considering imposing restrictions on a sub-group of perfluorocarboxylic acid PFAS. It is also considering restrictions on PFAS in the sub-group perfluorohexanoic acid (PFHxA), which would have an impact in relation to certain consumer products such as textiles, food packaging and cosmetics.

Statutory limits for PFAS in drinking water in England are also under consideration. The government intends to consult on the matter later this year.

Plans to develop new cross-sector guidance on PFAS were also outlined by the government, with a view to establishing standards that could be regulated under environmental permits.

Zoe Betts, who specialises in health, safety and regulatory litigation, said: “Further regulation of PFAS in the UK now is likely, but the government’s PFAS plan makes clear there are no quick fixes. The plan provides a framework for understanding risks rather than a full solution, and much of the early work will focus on building the evidence base and encouraging the development of safer alternatives.”

Environmental litigation expert Katie Hancock said: “It is positive to see recognition of the essential role PFAS continue to play in critical industries, and the commitment to a balanced, science‑led approach that protects people and the environment while acknowledging practical realities for business. Collaboration with industry will be crucial to ensuring any future restrictions are workable, and stakeholders should take every opportunity to engage in the process.”

“With the EU also considering further restrictions, divergence is a real risk for businesses, but both the UK and EU appear committed to evidence‑based policymaking. Given the science is still evolving, industry’s own move towards self‑regulation and the development of viable alternatives may ultimately prove the most effective way forward,” Hancock added.

The European Chemicals Agency (ECHA) is currently considering a PFAS-wide ban, with research committees due to publish their recommendations this year. Various alternatives to a total ban are also being considered by the ECHA.