PFAS Observer
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of foreign regulatory developments.
On April 4, members of the French Parliament unanimously approved a bill calling for the ban on the manufacture, import and sale of certain products containing per- and polyfluoroalkyl substances (PFAS), starting January 1, 2026. The bill applies to any cosmetic product, wax product (for skis), or clothing textile product, except for protective clothing for safety and civil security professionals. The ban will extend to all textiles starting on January 1, 2030. Kitchen utensils, which were originally included in the ban as proposed, were removed from the bill following pushback from the cookware industry, which has historically utilized perfluorooctanoic acid (PFOA) for nonstick cookware.
Separately, the European Union is considering a Europe-wide ban on PFAS, which could go into effect as early as 2026. Meanwhile, the regulatory landscape surrounding PFAS in the United States continues to evolve with both federal regulatory action and a patchwork of state legislation banning the use of PFAS in various consumer products. This highlights the need for businesses in the U.S., and specifically those also marketing and selling consumer products internationally, to keep abreast of evolving regulatory developments in both domestic and foreign markets. Such businesses should proactively consider the steps they must undertake—such as substituting PFAS-containing materials used in their products and obtaining certification from upstream suppliers—to comply with laws in those markets and adhere with industry standards to minimize potential liability.