Brussels - According to a 2024 study by Dr. Harrad, professor of environmental chemistry at University of Birmingham, PFAS can enter the skin’s fluids (like sweat and oils) by environmental media transmission (such as indoor dust), where they can then be absorbed via the skin and enter the bloodstream.
With its upcoming legislative initiatives, the European Union aims to limit the risks associated with the hazardous chemicals by prohibiting their manufacture, distribution, and use.
Written by
Annea Bunjaku (Paralegal) and Lucas Falco (Counsel), EDSON LEGAL
What PFAS are and the problems they represent for EU citizens
1. What are PFAS?
Per-or poly-fluoroalkyl substances (“PFAS”) are a large group of industrial chemicals characterised by strong carbon-fluorine bonds, which make them resistant to breaking down. Their properties give PFAS the ability to withstand high temperatures while offering significant resistance to both oil and water. Therefore, PFAS are often used in practice as water repellent chemicals. They are used in carpets to prevent stains, and also to make firefighting foam more efficient.
They are used in a variety of consumer products, including clothing. In the fashion sector, PFAS are used in items like raincoats, hiking pants, shirts, yoga pants, and sports bras. A 2022 report by Toxic-Free Future found that nearly three-quarters of products labelled as water or strain-resistant contained PFAS.
Given their properties, PFAS are often referred to as “forever chemicals” as they do not break down and remain in the environment.
2. PFAS generate health issues
PFAS are identified as environmental pollutants and due to their resistance to degradation PFAS pose hazardous effects on human and animal health. As noted by the UN Environment Programme, the negative effects of PFAS have been identified since the 1990s and were widely recognized as a global concern by the OECD in 2013.
Exposure to PFAS has been linked to several health issues. An association between PFAS exposure and cancer and thyroid disease is noted in a study by van Gerwen et al. (2023). Li et al. (2023) found that PFAS can disrupt hormones, while Rickard et al. (2021) reported reproductive harm. Granum et al. (2013) observed a weakened immune system in children and a reduced response to routine vaccinations. Kinkade et al. (2023) linked PFAS exposure to weight gain, and a 2024 study published in the Journal of Occupational and Environmental Medicine reported an association with high cholesterol levels.
3. Upcoming EU Ban on PFAS and timeline:
The EU has been proactive in its legislative efforts to ban PFAS and other harmful chemicals. In the first of its kind worldwide, the European Chemicals Agency (“ECHA”) published a proposal for a European ban on PFAS on February 7, 2023, submitted by the Netherlands, Denmark, Germany, Norway and Sweden.
The ban aims to restrict the production, placing on the market, and the use of substances that are harmful to human health and the environment, and limit their extended risks.
The open consultation has taken place between March 22 and September 25, 2023 to obtain the views and input of any interested stakeholders (including industry representatives) on the contemplated ban, and the ECHA’s scientific committees (i.e., the Committee for Risk Assessment “RAC”, and the Committee for Socio-Economic Analysis, “SEAC”) are currently evaluating the potential impact of the ban, as required under Regulation (EU) No 1907/2006 (“REACH Regulation”).
Once the RAC and SEAC’s opinions are adopted, ECHA will submit a draft proposal for a ban on PFAS to the European Commission.
Then, the European Commission together with the REACH Committee (including EU Member States’ representatives) will decide on the potential restriction and publish a draft proposal. The decision is then transferred for comment and approval to the EU Parliament and the Council of the EU.
Once approved, the ban will enter into force and be published in the EU Official Journal. Note that as this ban will be part of, it will automatically apply across all EU Member States upon its entry into force.
The EU ban is expected to be finalised between 2026 and 2027, however, companies are most likely to be granted a transitional period to find alternatives for over 10,000 PFAS impacted applications. Therefore, the fashion industry must start to actively act and eliminate PFAS from their products and support policies regulating this field.
4. What are the opportunities and challenges for the fashion industry in the fight against forever chemicals?
On the one hand, a major consumer and industry pressure is underway for the elimination of these chemicals from textiles. In an international context, no company is safe from a class action litigation concerning PFAS. As outlined in the cases concerning underwear manufacturers Thinx, Inc. and Knix Wear, the companies are targeted for presenting their products as “safe and effective” or “safe, comfortable, and sustainable” while in reality they intentionally use widely reputable hazardous chemicals. Therefore, it is crucial that the fashion industry act according to the safest methods in their production. Developing safer and sustainable products could be achieved by innovation in textile manufacturing.
On the other hand, the elimination of PFAS from supply chains and the adoption of alternative materials can be costly and may require significant investment in research and development. Implementing a prohibition on PFAS in the EU may cause a global supply chain disruption, by requiring adjustments and coordination across international markets. It may be difficult for companies to find substitutes to achieve the same results as with PFAS.
5. What alternatives are out there for the fashion industry (innovations, sustainable options from front runners/pioneers in the sector)?
Some of the emerging PFAS alternatives across various industries are bio-based materials, fluorine-free compounds, tightly woven fabrics, electrospun nanofibers and silica-based coatings. Fashion brands including Levi’s, H&M, and Marks & Spencer, are cutting their use of PFAS, opting for safer alternatives, as the industry actively seeks sustainable and innovative solutions to harmful practices of the PFAS use. For instance, the company Patagonia has redesigned its products and supply chain to eliminate toxic chemicals. This company has been transparent with its efforts and it frequently communicates its progress to the public. Patagonia publicly encourages customers to support the transition and enhance conscious purchasing behaviors. Another company, Rain, publicly claims that its products are free of PFAS. Whereas companies like Adidas, Nike, Lululemon, and Canada Goose are still working towards PFAS-free processes.
There is an increasing emphasis on re-evaluating supply chains to prioritize non-toxic, sustainable practices. This entails taking a comprehensive approach to identifying and eliminating hazardous substances from manufacturing processes. In the quest of finding alternatives to PFAS, it is crucial for companies to not automatically assume that substitutes are safe and free of hazards.
Therefore, as suggested by a 2022 study of RISE, in order for the companies to address various chemical risks they could create a systematic chemicals management approach. In addition to avoiding the risk of contamination, fashion brands could get an overview of the production facilities for their materials and understand what other production takes place at the same facility. Companies are recommended to conduct life cycle assessments, and to work with the suppliers who share the same sustainable goals. This transition represents a broader commitment to safe fashion while attributing to long-term environmental protection.
Related reads:
* What to Expect from the EU’s efforts to Revise the Textile Labelling Regulation
* A closer look at the upcoming EU’s Right to Repair legislation and its impact on fashion
* Why should the fashion industry pay attention to climate change litigation and upcoming legislative proposals on environmental claims
* What the fashion industry has to do with microplastics pollution (and everything you need to know about EU initiatives to tackle microplastics)
* What exactly is greenwashing?
Done in Brussels, 3 July 2024
Source list (in alphabetical order):
- CBS News, 'Raincoats, undies, school uniforms: Are your clothes dripping in "forever chemicals"?', By Hannah Norman, March 30 2023.
- European Chemicals Agency, ‘ANNEX XV RESTRICTION REPORT PROPOSAL FOR A RESTRICTION’, 22 March 2023.
- Granum et al., ‘Pre-natal exposure to perfluoroalkyl substances may be associated with altered vaccine antibody levels and immune-related health outcomes in early childhood’, Journal of Immunotoxicology. 10 (4): 373-379. Doi: 10.3109/1547691X.2012.755580, 25 January 2013.
- Health and Environment Alliance (“HEAL”), ‘The real-life impact of PFAS pollution on communities – examples from Veneto, Antwerp, Dordrecht, Ronneby and Korsør and how to take action’, 10 May 2023.
- Kinkade at al., ‘Per- and polyfluoroalkyl substances, gestational weight gain, postpartum weight retention and body composition in the UPSIDE cohort’, Environ Health., 2 September 2023.
- Lisam, ‘Breaking Free from PFAS: Exploring Promising Alternatives on the Horizon’, 21 August 2023.
- Li et al., ‘Association between exposure to per- and perfluoroalkyl substances (PFAS) and reproductive hormones in human: A systematic review and meta-analysis’, Environmental Research, Volumen 241, 4 November 2023.
- M. Russel, ‘Fashion brands back comprehensive EU ban on PFAS’, Just Style, March 23 2023.
- NRD.org factsheet TOXIC FASHION: REMOVE “FOREVER” PFAS CHEMICALS FROM OUR APPAREL, January 2022
- O. Ragnarsdottir, M. Abou-Elwafa Abdallah, S. Harrad, ‘Dermal bioavailability of perfluoroalkyl substances using in vitro 3D human skin equivalent models’ , Environment International, Volume 188, June 2024.
- OECD, ‘Risk management, risk reduction and sustainable chemistry’
- Patagonia, ‘Public statement: made without PFCs/PFAS’.
- Phys Org, ‘New study confirms forever chemicals are absorbed through human skin’ by University of Birmingham, June 24 2024.
- Rise Research Institutes of Sweden, ‘PFAS substitution guide for textile supply chains’, Version 2, August 2022.
- Rickard et al., ‘Per- and Poly-fluoroalkyl Substances (PFAS) and Female Reproductive Outcomes: PFAS Elimination, Endocrine-Mediated Effects, and Disease’, Toxicology, 15 January 2023.
- The public statement of ECHA.europa.eu news ‘Highlights from June RAC and SEAC meetings’, 13 June 2024.
- Time Magazine,‘Inside the Race to Get Forever Chemicals Out of Raincoats’, 2 February 2023.
- Toxic Free Future, ‘The hidden costs of forever chemicals in stain- and water-resistant products’, January 26 2022.
- UN Environmental Programme, ‘Per- and Polyfluoroalkyl Substances (PFASs)’.
- van Gerwen et al., ‘Per- and polyfluoroalkyl substances (PFAS) exposure and thyroid cancer risk’, EBioMedicine, 24 October 2023.
- Fidra, ‘EU to ban all non-essential uses of PFAS: Will the UK be equally ambitious?’, 15 October 2021.
- Xing, Weilong PhD et al., ‘Exposure to Perfluoroalkyl Substances and Hyperlipidemia Among Adults: Data From NHANES 2017–2018’, Journal of Occupational and Environmental Medicine 66(2):p 105-110, February 2024.
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