PFAS in Textiles: Recent Developments in the EU

This blog was originally posted on 5th June, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY KIM PLASSCHE, SENIOR REGULATORY CONSULTANT, COMPLIANCE & RISKS

Introduction

Denmark and France are each planning prohibitions of certain products containing per-and polyfluoroalkyl substances (PFAS). Notably, both the bills under consideration cover textile products, including clothing and footwear. These national-level bans are in addition to the PFAS restriction proposed by Germany, the Netherlands, Denmark, Norway, and Sweden in 2022 and under review by the European Chemicals Agency (ECHA).

In this blog, we take a look at these recent PFAS developments in textiles in Denmark and France.

Denmark

Denmark’s Ministry of the Environment announced an intention to ban PFAS clothing beginning 1 July 2026.

The detailed announcement is expected to be ready by 1 July 2025, so businesses have a one-year transition period before the prohibition is in place. The Ministry’s announcement previews what stakeholders, companies, and consumers can expect to see in that July 2025 order. While the announcement notes that a proposal for consultation will be made available, an expected date for this proposal is not given.

The ban will affect:

Clothes;
Shoes;
Waterproofing agents; and
Imported and Danish-made products falling under the above categories.

The prohibition will not apply to professional or safety clothing, as the Minister notes there aren’t currently PFAS alternatives for these products, and “special requirements are made for safety and functionality”. The Ministry of Environment elaborates that the ban will be implemented by setting limit values that ensure that PFAS cannot be deliberately used in clothing, shoes and waterproofing products.

The Ministry notes that “one of the biggest sources of PFAS in the Danish environment is clothing, shoes and waterproofing agents.” A prohibition of these so-called forever chemicals in these products will further decrease exposure to the Danish public, following a ban of PFAS in food packaging that came into effect in 2020.

France

France is also working on a new law aimed at protecting the population from the risks of PFAS. The first reading of the bill on 4^th April was approved, unanimously, by French Members of Parliament.

The French bill specifically seeks a prohibition of the following products containing PFAS:

Cosmetic products;
Wax products;
Textile clothing;
Footwear; and
Waterproofing agents for textile products.

Like the proposed Danish law, the restrictions for clothing does not include protective clothing for safety and civil security professionals.

The prohibition of the manufacture, import, export, and placing on the market of any textile product containing PFAS would be prohibited beginning 30^th January 2030, with exception for certain products, including those for which no alternative solution exists.

The French National Assembly amended the bill at its Second Reading on 30^th May 2024, adding provisions related to plans for the depollution of drinking water, fees for PFAS discharges, and the establishment of a program for analysis of water packaged in bottles for drinking.

What’s Next?

ECHA continues to review comments received during consultation and will meet in June and September to discuss certain products and hazards. The meetings planned for September 2024 will include discussions related to textiles, upholstery, leather, apparel, and carpets.

A detailed announcement for Denmark’s upcoming prohibitions is planned for July 2025.

France’s Sénat continues to deliberate. A date for the Senate’s Second Reading has not been set as of this writing.

Sources:

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