Get The F Out Of My Chemical: Tackling PFAS Contamination

• Published date: 25 August 2022
• Subject Matter: Intellectual Property, Energy and Natural Resources, Chemicals, Patent
• Law Firm: Marks & Clerk
• Author: Ms Kate Appleby

Per- and polyfluoroalkyl substances (PFAS) are fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom. Accordingly, PFAS contain multiple carbon-fluorine bonds (C-F bonds). These bonds are highly stable and give rise to desirable properties, such as tolerance to high temperatures, which has led to widespread use of PFAS in foams for fire suppression. Fluorocarbons are also hydrophobic and lipophobic, and PFAS are also used as water- and oil-resistant barriers, for example in fabrics, cooking utensils or food containers.

Extensive use of PFAS has resulted in contamination of water and soil with these chemicals. In fact, recent studies have shown rainwater across the globe to be contaminated with levels of PFAS that exceed drinking water advisory levels (see also the BBC's report on contamination of rainwater). Researchers conclude that the planetary boundary for PFAS has been exceeded and "it is of great importance to avoid further escalation of the problem of large-scale and long-term environmental and human exposure to PFAS by rapidly restricting uses of PFAS wherever possible". Repeated exposure to low levels of PFAS has been linked to health problems including reduced fertility, reduced immune responses and cancer. PFAS are very difficult to metabolise and excrete from the body, owing to their very high stability. Consequently, PFAS bioaccumulate over time, increasing the risk of health problems.

Despite the "forever" nature of PFAS, many single-use plastic products contain PFAS. Recently, international and national regulations have been implemented that aim to reduce reliance on single use plastics and to move society away from the traditional linear plastics economy (see our previous article "Single-use plastics: a law unto themselves").

In Europe, efforts are being made to reduce the widespread use of PFAS. In March 2022, the European Chemicals Agency (ECHA) submitted a proposal under EU Registration, Evaluation, Authorisation and Restriction of CHemicals (REACH) to restrict PFAS in firefighting foams. Several EU member states also intend to submit a broader proposal in January 2023 to restrict the manufacture, placing on the market and use of PFAS.

In the UK, the Health and Safety Executive (HSE) conducted a call for evidence as part of the ongoing Regulatory Management Options Analysis (RMOA) on PFAS under UK REACH. The recommendations from the RMOA are due to be published on the HSE website in summer...