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21 January 2025
Per- and polyfluoroalkyl substances or PFAS are a very large group of chemical compounds (between 4,000 and 15,000 different substances), known for their capacity to persist in the environment.
These substances are very common in a wide variety of industrial applications (food packaging, non-stick or waterproof coatings, etc.) and cosmetics and their packaging are also concerned.
The broad and varied use of these chemical compounds, combined with their persistent nature could lead the serious contamination of all natural environments. This is why they have become known as “forever chemicals”.
Some of them accumulate in living organisms, plants and animals, thus entering the food chain with potentially damaging effects on human health.
Regulations are being implemented in a number of countries to combat PFAS.
On 20 February, the French ‘Assemblée Nationale’ adopted a law to restrict their production and marketing; so CLEAR has decided to provide you with a quick summary of the international situation concerning these substances which have come to represent a new battleground in the cosmetics industry.
IN EUROPE
The current European POP regulation, established at the Stockholm Convention, forbids certain PFAS (PFOS since 2009, PFOA since July 2020 and PFHxS since August 2022). However other PFAS are not yet subject to regulation.
Consequently, 5 European Member States have come up with a PFAS restriction proposition in ANNEXE XV of the REACH regulation. This ban concerns the production, marketing and use of PFAS. The text will be submitted before the Member States by the European Commission during 2025/2026 and will therefore have an impact on cosmetic products and their packaging.
Don’t forget that, in October 2023, Cosmetics Europe published a recommendation concluding that the cosmetics industry must stop using PFAS by 31 December 2025.
IN FRANCE
On 30 May 2024, the French Senate adopted a proposed law to protect the population from PFAS related dangers. It proposed a ban on the manufacture, import and marketing of a large number of domestic products containing PFAS (including cosmetic products) by 1 January 2026.
The French ‘Assemblée Nationale’ also adopted it on 20 February 2025. The expected official publication of the text will put France in the lead on the subject.
This law only covers intentionally added PFAS; a decree will be issued to set limits for residual concentrations.
IN THE UK
In the United Kingdom, having completed a market study on the subject, authorities decided that PFAS were actually quite rare in cosmetic products and that when such substances are used they are inspected and approved by a safety assessor thus guaranteeing consumer safety. Restrictions may be put in place in the future, but this is not a priority for the British authorities.
IN THE USA
After the publication of the MoCRA, the FDA is now evaluating the safety of the 35 intentionally added PFAS most commonly used in cosmetic products and will publish its findings by December 2025.
Pending the issue of national legislation on the subject, a number of States have already implemented their own laws banning the use of some or all PFAS: such is the case in California where the intentional addition of any PFAS whatsoever is now banned.
IN CANADA
In July 2024, a note was published in the Canada Gazette to collect data on the use of PFAS in a number of industrial sectors, including the cosmetics industry. This is expected to lead to new restrictions.
Other countries across the globe, such as New Zealand or Brazil, are still surveying the situation or preparing legislation on the subject.
Since Clear has been charged with the international marketing of over a thousand cosmetic product references, it is monitoring these developments very closely.
Please feel free to contact us if you require support on the subject.
Sources :
https://www.assemblee-nationale.fr/dyn/16/textes/l16b2710_proposition-loi
https://echa.europa.eu/fr/hot-topics/perfluoroalkyl-chemicals-pfas
https://echa.europa.eu/fr/restrictions-under-consideration/-/substance-rev/72301/term
https://www.fda.gov/cosmetics/cosmetic-ingredients/and-polyfluoroalkyl-substances-pfas-cosmetics
Cosmetics Europe Recommendation on PFAS – 12/10/2023
https://www.ctpa.org.uk/news/in-the-news-pfas-and-cosmetics-the-facts-6680
https://canadagazette.gc.ca/rp-pr/p1/2024/2024-07-27/html/sup-eng.html
