Per- and polyfluoroalkyl substances (PFAS)
Background
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) constitute a large class of synthetic chemicals used extensively worldwide. These chemicals all feature carbon-fluorine bonds (C-F), which are among the strongest in organic chemistry. Consequently, they resist degradation during use and in the environment, remaining stable even at high temperatures. This characteristic has led to the widespread utilization of PFAS across various industries, including surfactants, waterproofing agents, automotive and aviation sectors, materials for food contact, textiles, leather and apparel, construction and home products, electronics, firefighting, food processing, and medical equipment, among others.
However, an increasing number of PFAS have been detected as environmental pollutants, with some even associated with adverse impacts on human health. PFAS contamination in the environment extends to groundwater, surface water, and soil. Cleaning up contaminated sites incurs high costs and poses significant technical challenges. Furthermore, certain PFAS are known to bioaccumulate in humans, animals, and plants, leading to toxic effects such as reproductive toxicity, carcinogenicity, and disruption of the human endocrine system.
Regulations Regarding PFAS
International Standards Related to PFAS Restrictions:
Stockholm Convention:
Since 2009, perfluorooctane sulfonic acid (PFOS) and its derivatives have been listed under the Stockholm Convention to reduce their usage. Later, there were provisions for the global elimination of perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds. In June 2022, the parties decided to include perfluorohexane sulfonic acid (PFHxS), its salts, and related compounds in the treaty. This ban is expected to come into effect globally by the end of 2023.
There are ongoing discussions to include long-chain perfluorocarboxylic acids (C9-21 PFCAs) in the Stockholm Convention, and there are plans to gradually restrict their usage in the future.
EU Regulations
REACH Substances of Very High Concern (SVHC)
Many PFAS are currently on the candidate list for substances of very high concern (SVHC) under REACH, such as PFOA, perfluorocarboxylic acids (C9-14 PFCAs), and PFHxS. In June 2019, January 2020, and January 2023, three groups of PFAS were identified as SVHCs.
- 2,3,3,3-Tetrafluoro-2-(heptafluoropropoxy)propionic acid and its salts and acyl fluoride (HFPO-DA): These are short-chain PFAS alternatives used in the production of fluorinated polymers to replace PFOA.
- Perfluorobutane sulfonic acid (PFBS) and its salts, alternatives to perfluorooctane sulfonic acid.
- Perfluoroheptanoic acid (PFHpA) and its salts.
European Chemicals Agency (ECHA)
**The ECHA website now provides detailed information on the proposed restriction of approximately 10,000 per- and polyfluoroalkyl substances (PFAS). ECHA's Committee for Risk Assessment will begin assessing the proposal's impact on human health, the environment, and society. **Drafted by authorities from Denmark, Germany, the Netherlands, Norway, and Sweden, the proposal was submitted to ECHA on January 13, 2023, in Helsinki. Its aim is to reduce emissions of PFAS into the environment, making products and processes safer for people.
All PFAS within the scope of this proposal exhibit strong persistence in the environment. Without substantial reduction in their emissions, humans, plants, and animals will increasingly come into contact with these substances, reaching levels that could have adverse effects on human health and the environment if left unrestricted. Authorities estimate that approximately 4.4 million metric tons of PFAS could enter the environment over the next 30 years if no action is taken.
U.S.A. Regulations
California Proposition 65
California's Office of Environmental Health Hazard Assessment (OEHHA) included Perfluorooctanoic acid (PFOA, CAS No. 335-67-1) in California's Proposition 65 list on November 10, 2017, due to its reproductive toxicity. However, based on the assessment by the National Toxicology Program (NTP), PFOA was also confirmed to have carcinogenic toxicity. Therefore, on February 25, 2022, OEHHA added the carcinogenic toxicity of Perfluorooctanoic acid to the state's list of known chemicals.
States
The environmental organization in the United States is strongly advocating for legislation to ban PFAS. Safer States has noted that over 30 states in the US are considering legislation to prohibit PFAS this year (2023). Among them, California (OEHHA Prop 65) and Maine (LD 1503) have already passed such legislation. The bill in Minnesota (HF 2310) aims to prohibit certain products containing added PFAS by 2025 and is considered one of the most stringent legislations in the US.
The industry's practices
The international community has seen numerous companies initiating PFAS management and restrictions. Here are some related regulations:
Apple:Current regulations
IKEA:Reference materials Our view on chemicals – IKEA Global Since 2016, IKEA has gradually phased out all PFAS (water and stain repellent) chemicals from its textile products.
SONY:
Regulation name Content 部品・材料における環境管理物質 管理規定
(SS-00259 Version 21 General Public Version)Per- and polyfluoroalkyl substances (PFAS) as non-intentionally added substances.
The opposing voices PFAS has drawn attention due to its extensive use in semiconductor manufacturing. Chip companies emphasize that currently, there are no alternatives to PFAS in the market. Reports suggest that Minnesota's stringent ban has caused panic in the US semiconductor industry. The Semiconductor Industry Association has petitioned against the state's legislation, highlighting that this ban would disrupt semiconductor supply. According to US government data, starting in 2021, Intel included the PFAS controversy in its lobbying efforts. In 2022, Intel helped launch the Sustainable PFAS Action Network, a lobbying group opposing PFAS legislation in California and Minnesota.
What are PFAS?
What types of chemicals are included in PFAS?
Chemicals with the chemical structure -CnF2n+1- (where n≧1), meaning organic compounds with fluorinated carbon chains in their structure, fall under PFAs (per- and polyfluoroalkyl substances).
PFAS encompasses a range of durable synthetic fluorinated compounds known for their persistence, bioaccumulation, and toxicity. It's estimated that there are over 12,000 different substances within the PFAS family. Due to their tightly bound chemical structure, these substances are challenging to break down over time, earning them the moniker "forever chemicals." Their resistance to environmental degradation and propensity for accumulation within organisms make them difficult to degrade in the environment and easy to accumulate within the body.
Products containing PFAS
Surfactants, Waterproof and oil-repellent agents, Automotive and aviation industries, Materials for food contact, Textiles, leather, and clothing, Construction and household items, Electronics, Firefighting, Food processing purposes, Medical supplies
The hazards of PFAS
Environment
PFAS, due to their inability to degrade in the natural environment, may persist for hundreds of years in soil, water cycles, and air. Consequently, certain PFAS-related chemical substances have been listed as Persistent Organic Pollutants (POPs) under the international Stockholm Convention.
Human body
The research indicates that exposure to certain PFAS chemicals may have potential adverse effects on human health. These substances may be associated with health conditions such as:
Increased risk of thyroid disease
Elevated blood cholesterol levels
Reduced vaccine response
Decreased female fertility
Increased risk of hypertension and preeclampsia
Lower birth weight in infants
Actual Legal Cases Related to PFAS Litigation
DuPont Teflon incident in the United States
One of the most infamous cases of PFAS pollution is associated with DuPont, a major chemical company in the United States, known for the Teflon incident. This case extended over several decades and was depicted in documentaries like "The Devil We Know" and the film "Dark Waters." These highlighted how DuPont allegedly knew about the contamination caused by PFOA in the 1980s but deliberately concealed it from the public for many years. Reports emerged of factory workers giving birth to malformed babies. The company began using PFOA in Teflon non-stick coatings in the 1950s, leading to long-term contamination of local soil and drinking water through chemical waste. Medical research confirmed PFOA's presence in residents' bodies and its association with various cancers and related diseases. Ultimately, DuPont settled in 2017 for $670 million with thousands of residents. PFOA is now classified by the International Agency for Research on Cancer as a human carcinogen. Many manufacturers in the non-stick cookware industry initially shifted to PFOS, but subsequent studies raised health concerns. Consequently, both compounds were regulated by the EU in 2020, necessitating reduced production and the replacement of non-stick coatings with Gen-X.
3M pollution incident in Belgium
The Belgium 3M pollution incident initially erupted due to the older generation of PFOS. In 2018, during urban redevelopment in Zwijndrecht, within the province of Antwerp, soil was discovered to contain residues of PFOS, a chemical 3M had ceased producing over a decade ago. Subsequently, the Belgian media outlet "VRT" revealed that some government officials and the mayor of Antwerp had been aware the previous year (2017) but pretended otherwise. This scandal led to the resignation of the mayor, and the local government had to actively investigate the soil, water sources, and residents, expressing concerns about potential egg contamination within a 15-kilometer radius and advising people to avoid consumption. With this unsavory record, in November last year, heightened PFAS residues were found in the blood of 800 residents living around the 3M facility, sparking intense public outrage and environmentalist protests. This forced the local government to immediately issue a ban, demanding a complete halt to the 3M PFAS-related production lines until improvements were made in wastewater discharge—a move considered among the most stringent actions taken by governments worldwide.
Applicable Region
Multiple countries worldwide.
More Information
Regulations > POPs (Persistent organic pollutants) Regulations > HF(Halogen Free)