EU and PFAS – To Ban or Not to Ban?
PFAS are substances found both in everyday items such as packaging and in the environment, including drinking water and lakes. Info Express has previously reported on the presence of PFAS and the uncertainty surrounding the long-term health effects of exposure to these substances. So far, no legislation has come into force to minimise the presence of PFAS.
According to an article by The Guardian, which claims to have seen leaked documents, the EU will decide not to move forward with banning PFAS. In English, PFAS are often referred to as “forever chemicals” because they are highly persistent and extremely slow to break down — in some cases taking thousands of years or more. These substances can accumulate in the environment over time, leading to increasing levels of PFAS in nature, where they can eventually be consumed by humans. This raises concerns about the potential effects on both the environment and human health.
Recent studies have shown that increased exposure to PFAS can weaken the immune system and have reproductive, carcinogenic, and hormone-disrupting effects on the body — as highlighted in an earlier issue of Info Express. The Guardian also cites statistics showing that although Europe’s population makes up only 6% of the world’s population, it accounts for 23% of all new cancer cases diagnosed. Exposure to various environmental chemicals is believed to be one of the drivers behind this recent surge.
The article further explains that the EU’s initial 2020 strategy to ban the most harmful chemicals in products and restrict non-essential uses of PFAS will no longer be implemented. A potential ban could have resulted in thousands of harmful products being removed from the market. Without clear PFAS guidelines, there will be no restrictions on which products remain available.
The PFAS issue is not as straightforward as it might seem, even though PFAS can have harmful health consequences. An article from Bloomberg highlights the wide range of applications for PFAS, pointing out that they are present in many everyday products such as dental floss, textiles, and shoes. Even sunscreen is believed to expose people to PFAS.
Another article from Reuters suggests that the pharmaceutical industry may be a key reason why these substances have not been banned. According to industry lobbying, there were concerns that a PFAS ban could threaten medicine manufacturing and make it impossible to produce drugs while alternative tools were being developed. Major companies such as Pfizer and Novartis were involved in the group that voiced criticism and concern about a potential ban during lobbying efforts.
The lobbying group also argued that not all PFAS have the same health effects, as there are many different types. Critics of a blanket ban said they supported regulation if it targeted PFAS proven to be harmful. They maintained that PFAS used in pharmaceutical manufacturing had not been identified as dangerous. They also warned that the time needed to find alternatives for PFAS in current manufacturing tools could lead to drug shortages.
Under the original proposal, companies would have had an 18-month transition period to replace the substances, with the possibility of extensions. In some cases, extensions of up to 12 years could have been granted, depending on the industry and product.
The Guardian also reports that the chemicals industry has attempted to block EU efforts to ban PFAS. According to the article, only around 1% of all PFAS-containing products are at risk of being banned. It also cites a source acknowledging that there is pressure among EU policymakers to protect industry interests when making decisions.
Eleven entities linked to PFAS production have reportedly hired 94 lobbyists and spent €9 million on data gathering in Germany alone. Twelve companies and organisations within the PFAS industry have 72 lobbyists in Brussels, spending between €18.6 and €21.1 million annually on their campaigns.
A source within the European Commission told The Guardian that the Commission seeks to listen to all sides and maintain a balanced perspective — both to protect public health and to promote innovation in Europe’s chemicals industry. The representative also said that regulations and legislation should take into account other important goals, such as achieving carbon neutrality.
In Sweden, various disputes have arisen over PFAS levels in drinking water. In a 2021 case in Blekinge, the court ruled that PFAS levels in the drinking water consumed by residents of Kallinge were high enough to be considered a personal injury. Ronneby Miljöteknik was ordered to pay damages to those affected.
However, the verdict was overturned by the Court of Appeal in late 2022 after the municipal company appealed, with the court ruling that the risk of future harm could not be considered a personal injury. In May this year, the Supreme Court announced it would review the Court of Appeal’s ruling, and the legal battle between the residents and the company is still ongoing.
Even though the outlook for EU-level regulation may not seem promising, there could still be solutions to the PFAS problem. According to a BBC article, researchers are working on methods to filter PFAS from water by arranging filters so that organic material is removed first.
The article also describes how PFAS can be broken down using UV light, which acts as a catalyst to trigger a reaction that degrades PFAS into fluoride — a by-product that can be used in dental care products. This technology is also cost-effective.
A third alternative mentioned is using microorganisms to break down PFAS. In this case, researchers aim to genetically modify bacteria and enzymes to take on the task. While PFAS are found almost everywhere, technology is being developed to break them down or filter them out, offering potential solutions to mitigate the consequences of PFAS pollution.
Bianca M. – Info Express
E: hello@infoexpress.se
Sources:
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“All About PFAS, the ‘Forever Chemicals’ That US and EU Are Targeting”, Bloomberg, published 2023-08-24
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“EU abandons promise to ban toxic chemicals in consumer products”, The Guardian, published 2023-10-16
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“Pharma lobby says EU ban on ‘forever chemicals’ would halt drug production”, Reuters, published 2023-09-27
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“EU to drop ban of hazardous chemicals after industry pressure”, The Guardian, published 2023-07-11
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“Dom i tingsrätten: PFAS-drabbade i Kallinge ska kompenseras”, SVT Nyheter, published 2021-04-30
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“Hovrätten river upp tingsrättsdom – Ronneby kommun slipper skadestånd till PFAS-drabbade”, SVT Nyheter, published 2022-12-20
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“Högsta domstolen prövar PFAS-mål”, SVT Nyheter, published 2023-05-03
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“Can we take the ‘forever’ out of ‘forever chemicals’?”, BBC, published 2023-10-19
