Meeting PFAS Requirements for Consumer Goods

Many consumer products contain per- and polyfluoroalkyl substances (PFAS) because of their water, grease and oil-repellent properties. With more and more markets now regulating their use, how can manufacturers be certain their products conform?

On May 10, 2023, the USA’s Northeast Waste Management Officials’ Association (NEWMOA) held a webinar during which they outlined their draft model legislation to deal with the growing problem of PFAS. ¹  Developed in combination with officials from multiple north-eastern states, the draft model legislation seeks to:

• Reduce or eliminate the use of PFAS in consumer goods
• Identify and implement source reduction programs
• Ensure the use of safe alternatives to PFAS
• Co-ordinate product disclosure, labeling requirements, bans, phase-outs, etc. across US jurisdictions
• Reduce uncertainty over PFAS for regulated entities
• Help consumers to properly identify and handle consumer goods containing PFAS ²

A quick review of recent PFAS legislative developments gives some idea of the territories and consumer product types that are either regulated or are being considered for regulation:

• Europe – February 2023, the European Chemicals Agency (ECHA) issued a proposal to restrict PFAS in a variety of products, including textiles, clothing, carpets, furniture, cookware, food packaging, firefighting foam, lubricants, medical devices and ski wax ³
• USA – California, Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, New York, Rhode Island, Vermont and Washington are among many states implementing restrictions ⁴
• Japan – currently restricts the PFOA and its salts in a wide variety of consumer goods and is now discussing strengthening its restrictions ⁵

What is the risk?

PFAS are a diverse and expanding group of synthetic chemicals that, due to their water, grease and oil-repellent properties, can be used in a wide variety of consumer goods. However, they are now recognized as carcinogenic, toxic to reproduction (reprotoxic), harmful to fetus development and can have an impact on the endocrine system.

Known as ‘forever chemicals,’ they are inert and resistant to high temperatures because of their strong carbon-fluorine bonds. This inertness means they do not degrade and are bioaccumulative and very persistent in the environment.

Regulatory compliance

There is currently no uniform international regulatory approach to PFAS and, with new scientific evidence becoming available, governmental agencies are constantly looking to review and strengthen their market requirements. This lack of coherence in legislation forces stakeholders to focus on the requirements being enforced in each territory in which they operate.

For operators in the US, this means looking at the requirements being enforced in each jurisdiction, as each state’s regulation might cover different products. An additional layer of complexity is that some territories also enforce their own labeling and reporting requirements. For more information on the latest US legislative developments regarding PFAS, stakeholders should review SafeGuardS 016.23.

In Europe, manufacturers and suppliers need to consider EU community-wide regulations, including Regulation (EC) 1907/2006 (REACH), Directive 2008/98/EC ‘Waste Framework Directive’ and Regulation (EU) 2019/1021 on Persistent Organic Pollutants (POP). They may also need to ensure compliance with product-specific legislation, such as Regulation (EU) 10/2011 ‘Food Contact Plastics.’ ⁶

In addition, individual community members may also have their own regulations. For example, since July 2020 Denmark has prohibited PFAS in food contact paper and board materials and articles. ⁷ Other Europe countries with PFAS regulations including Albania (PFOA), Montenegro (PFOS, PFOA, TFDAs, Norway (PFOS, PFOA), Switzerland (PFOA, PFOS, PFOSF, PFHxS, C9-C14 PFCA) and the UK (same as EU POP).

Globally, manufacturers and suppliers will also need to consider PFAS regulations if they operate in Canada (PFOS, PFOA, PFCA), China (PFOS, PFOA), Japan (PFOA), New Zealand (PFOS), Singapore (PFOS, PFOA, PFHxS), Taiwan (PFOS, PFOSF, PFOA) or Turkey (PFOS).

Further complications include the fact some regulatory definitions for PFAS include fluorinated polymers, such as PTFE, and, while compliance with EU PFAS restrictions can be established via analytical testing, to ensure compliance with US regulations requires a combination of declaration and analytical testing.

Testing for PFAS

The three approaches to analytical testing are:

• Total fluorine screening – bomb combustion followed by ion-chromatography (IC) with reference to EN 14582
• Total organic fluorine (TOF) screening:
• Solvent extraction and combustion ion-chromatography (CIC) with reference to EN 14582
• Limited to extraction of non-polymeric PFAS compounds
• PFAS target analysis – solvent extraction followed by detection using gas chromatography–mass spectrometry (GC-MS) or liquid chromatography–mass spectrometry (LC-MS)

SGS Solution

We provide a comprehensive range of testing and consultancy services to support manufacturers and suppliers operating in all consumer products sectors – from upholstered furniture and apparel to food contact materials and medical devices. Our experts utilize a fully customizable four-step approach to testing that ensures compliance with relevant market legislation and can provide guidance on alternatives where a proscribed PFAS has been employed.

Our four-step approach:

• Step 1: evaluation of the product and requirements of the target market(s)
• Step 2: design an appropriate customized approach to testing
• Step 3: testing
• Step 4: test report with conclusion or data

In addition to our testing and consultancy service, we also publish regular SafeGuardS to help stakeholders stay informed about the legislation impacting this fast-changing regulatory landscape.

Further articles on PFAS:

• Clothing: Concerns Raised Over PFAS and BPA in Clothing (sgs.com)
• Food contact packaging: Regulators Move to Protect Consumers from Harmful PFAS in Food Packaging (sgs.com)

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References

¹ NEWMOA proposes PFAS Prevention Model Legislation

² PFAS Draft Model Legislation Overview

³ ECHA Issues Restriction Proposal for PFAS

⁴ US Legislative Developments: PFAS in Consumer Goods

⁵ Japan to discuss strengthening ways to combat PFAS pollution

⁶ Regulators Move to Protect Consumers from Harmful PFAS in Food Packaging

⁷ Denmark Bans PFAS Chemicals in Food Contact Paper and Board