PFAS bans across Europe and USA

The PFAS substance group, which has been used for decades, has come to the attention of the public and legislators. Awareness in Europe has also changed due to new legal developments in the USA with the first-class action lawsuits and settlement payments totalling billions.

Per- and polyfluorinated alkyl substances (PFAS) are a group of more than 10,000 different chemicals of non-natural origin that are particularly water, dirt and grease repellent. They are also thermally stable under extreme conditions, e.g. extreme temperatures. PFAS are persitent, they accumulate in plants and in the human organism.

PFAS are found in a variety of everyday products, such as textiles, non-stick coatings, paper coatings and cosmetics. Humans absorb PFAS through water and food and are suspected of causing various diseases, such as certain types of cancer, liver and thyroid diseases, increased cholesterol levels and lower birth weight in children.

Regulation (EU) 2025/40 has been in force since 11 February 2025,and will apply from 12 August 2026 (Art. 71 sentence 2).

This proposal tightens the requirements for substances contained in packaging by introducing a restriction to place on the market food contact packaging that contains PFAS above certain thresholds.

Article 5 no. 5 is particularly important: “From 12 August 2026, food-contact packaging shall not be placed on the market if it contains per- and polyfluorinated alkyl substances (PFAS) in a concentration equal to or above the following limit values, (...)”.

Restriction Proposal of All PFAS as Part of REACH

At the initiative of Germany, Denmark, the Netherlands, Norway and Sweden, a comprehensive restriction of all PFAS is proposed, covering the manufacture, placing on the market, and use of PFAS.

Due to the associated risks, many governments, including some states in the USA are rapidly advancing regulations to restrict or ban the use of PFAS by either proposing or enacting legislation that specifically targets the presence of PFAS in consumer goods.

The following states restrict or ban PFAS in food packaging:

• California (AB 1200, AB 1201)

• Colorado (HB 1345)

• Hawaii (HB 1644)

• Oregon (SB 543)

• Washington (HB 2658)

The following states restrict or ban PFAS in certain plastics:

• California (SB 343)

• Oregon (SB 543)

Manufacturers may be legally allowed to include PFAS in their products during the manufacturing process in one state, but a retailer is not able to sell those products within a different state due to PFAS bans or restrictions.

If you are a manufacturer and would like to offer PFAS free food packaging like microwave popcorn bags, fast food wrappers or containers, pizza boxes in Greenteam we will be glad to assist you. Please contact us.