Page 177 - CW E-Magazine (25-2-2025)

Special Report Special Report

Delivering opportunities and mitigating risks these chemicals. In January 2023, essential by the federal US EPA or lawsuits over PFAS contamination,
thereby dramatically increasing litiga-
the European Commission proposed equivalent state agencies.
tion risks for producers and downstream
from increasing PFAS regulations a comprehensive ban on PFAS, with Chemical companies themselves companies that use PFAS-containing
the aim of regulating the entire class
er- and polyfl uoroalkyl substances oil-repellent proper- MARTIJN EIKELENBOOM of chemicals as a group. A consulta- are also acting to increase PFAS trans- materials. They also illustrate the fi nan-
(PFAS), commonly referred to as ties, as well as their Managing Partner, Sustainability, tion is now open for gathering and re- parency. In 2006, the 2010/2015 PFOA cial and reputational dangers that busi-
P“forever chemicals,” have been a ability to withstand Arthur D. Little Benelux N.V. viewing evidence, and regulations may Stewardship Program was launched in nesses face if they do not act proactively
staple of modern chemistry and manu- extreme temperatures, www.adlittle.com eventually lead to tighter restrictions the US. This voluntary initiative in- to address PFAS contamination.
facturing for more than 70 years. Their pressures and pH levels. on their industrial use and total ban by cludes eight prominent chemical pro-
unique properties, including resistance While only around even today, many people remain unaware the ECHA on PFAS within consumer ducers, including DuPont, BASF, and The impact of increasing regulation
to water, oil, heat, and chemical degra- 250 types of PFAS of their exposure to PFAS or the sources goods in Europe. This further raises the 3M, committed to reducing emissions is shifting priorities
dation, have led to their widespread use are commercially sig- of contamination in everyday life. urgency for companies to begin phasing and the use of PFOA and related chemi- Growing regulatory pressure,
in a variety of industries. From nonstick nifi cant, they are found Martijn out these substances. cals. In 2023, 3M agreed to a settlement though not yet equally affecting all
cookware and stain-resistant fabrics to in a broad spectrum of Eikelenboom The rise of PFAS regulation: aglobal trend of US$10.3-billion with a group of US regions, is already shaping corporate
fi refi ghting foams and food packaging, everyday products. These include: Early warning signs around the dan- The US perspective on regulation public water suppliers after the com- strategies, particularly among major
PFAS are now ubiquitous in modern life.  Textiles: Water- and stain-resistant gers of PFAS were present decades ago, Regulation is not limited to Europe. pany recognized changing sentiments PFAS producers. For example, 3M,
clothing, jackets, carpets, and furniture. as shown by a lawsuit against US multi- In the United States, the Environmental around regulation and public awareness. historically one of the world’s largest
However, the very characteristics  Medical devices: Implants, tubes, national chemical company DuPont, Protection Agency (EPA) has been in- manufacturers of the chemicals, an-

that make these chemicals valuable also surgical instruments. which involved water contamination creasingly focused on PFAS. Showing Growing litigation around the world nounced plans in 2022 to phase out all
make them a signifi cant environmental  Food contact materials and pack- from PFOA, a type of PFAS, at a West the scale of this issue, in 2023 the US There have also been signifi cant PFAS production by the end of 2025.

and health threat. The fact that PFAS do aging: Nonstick cookware, and food Virginia, USA, farm in the 1990s. This Geological Survey (USGS), which studies legal challenges to the use of PFAS. Most This decision will affect over a billion
not break down naturally in the environ- packaging such as fast-food wrap- case, dramatized in the fi lm Dark Waters, the nation’s natural resources, detected recently, in January 2025 a lawsuit was dollars of the company’s annual revenue.
ment has led to concerns over their long- pers, pizza boxes and microwave highlighted the dangers of PFAS. How- at least one type of PFAS in 45% of fi led against Apple in North Carolina,
term impact on human health, wildlife, popcorn bags. ever, the absence of regulation rendered collected drinking water samples, which based on claims that Apple watches Pressure is also coming from in-
and overall ecosystems. These concern-  Electronics: Semiconductors, elec- these signs insuffi cient to trigger wide- might be a conservative estimate. and bands contain PFAS, that this is vestors. Formed in 2023, the Inves-
sare driving increased regulation and trical insulation, solvents and other spread efforts to fi nd alternatives. not disclosed, and that the presence tor Initiative on Hazardous Chemicals
litigation across the globe, including in electronics components. In response, the Biden adminis- of these chemicals runs contrary to (IIHC), an organization consisting of
the European Union and United States.  Transport and safety: Combustion This is now changing, with the tration fi nalized new drinking water the company’s claims that its products more than 60 global asset managers,
engine systems, fi refi ghting foams. growing body of scientifi c evidence standards for PFAS in 2024, establish- are designed to aid human health and such as Credit Suisse, BNP Paribas,
For businesses manufacturing or us-  Construction: Sealants and adhe- linking PFAS exposure to harmful ing legally enforceable limits for these be environmentally friendly. Whatever and PGGM, I actively infl uencing com-
ing PFAS, the rise in public and regula- sives, fl uorinated gases. health effects, leading to a signifi cant chemicals in public water supplies. the results of the case, it demonstrates pany portfolios, urging fi rms to develop
tory scrutiny surrounding PFAS poses  Industrial/mining: Greases and increase in regulatory attention. Govern- However, the Trump presidency is now the need for companies with a strong actionable plans for phasing out hazard-

serious challenges, meaning they need drilling fl uids. ments, particularly in Europe and North reversing these limitations by with- sustainability profi le to understand in ous chemicals, including fl uorinated
to understand their dependency and  Pesticides: Flufenacet, fl uopyram America, have begun to take steps to drawing the standards, stalling change detail if they face any (non-essential) substances such as PFAS.

take action to mitigate current and  Consumer: Cosmetics, ski wax. address the widespread presence of in this area.Also in 2024, the Food and PFAS exposure in their supply chains.

future risk. Yet, these challenges also these chemicals. These efforts have Drug Administration (FDA) ended the Understanding the debate on “Essential
present opportunities for businesses Given their chemical stability, PFAS primarily focused on limiting or banning sale of grease-proofi ng materials con- Previously, Chemours, a US chemi- Use” and its implications
that are able to pivot quickly and switch are incredibly persistent in the environ- the use of PFAS in consumer products taining PFAS for use in food packaging cal company, was prosecuted in the One of the most signifi cant chal-
to developing and using safer alterna- ment. Once released, they can contami- and enforcing stricter regulations on as part of a voluntary agreement with Netherlands and found liable for envi- lenges for companies that use PFAS is
tives, or can create technologies that nate water sources, soil, and air, accu- their disposal and clean-up. manufacturers. ronmental damage caused by PFAS determining whether their use of these
breakdown PFAS in the environment. mulating over time. This persistence over several decades. Another no- chemicals is deemed “essential.” This
Companies that proactively address has resulted in PFAS being detected in In the European Union (EU), PFAS Multiple US states, including Cali- table example comes from Sweden, concept, which is central to ongoing
PFAS-related issues now can not only drinking water, wildlife, and even in the have been classifi ed as Substances of fornia, New York, and Washington, are whose Supreme Court ruled in favour regulatory discussions, especially in the
lower risk but also gain a competitive human body. Studies show that nearly all Very High Concern (SVHC) under taking signifi cant steps to address the of the residents of the municipality of EU, refers to whether an application of
advantage by positioning themselves as people worldwide have detectable levels the REACH (Registration, Evaluation, PFAS problem through their own legis- Kallinge, who were affected by PFAS PFAS is indispensable for a product’s
sustainability leaders. of PFAS in their blood. This is causing Authorization, and Restriction of lation. For example, in Maine a new after fi re-protection foam from an F17 performance or safety. In some cases,
alarm over potential health risks such as Chemicals) regulation. Between 2019 and law requires manufacturers to disclose jet contaminated local groundwater. such as within medical devices, aero-
Forever chemicals, everywhere cancer, liver damage, high cholesterol, 2023, the European Chemicals Agency the presence of PFAS in their products. space, aviation, defence and semicon-
PFAS are a group of thousands of obesity, thyroid disease, reproductive (ECHA) added three new PFAS groups By 2030, the state plans to enforce a These court victories potentially ductors, PFAS are considered essential
synthetic chemicals used in various issues, immune system disruption, and to the SVHC list, signifi cantly raising complete ban on products containing create a domino effect, as other local due to the lack of viable alternatives.
industries due to their water-, dirt-, and pregnancy-induced hypertension. Yet, the regulatory bar for companies using PFAS unless the chemicals are deemed authorities may feel encouraged to fi le These areas are likely to be given longer

176 Chemical Weekly February 25, 2025 Chemical Weekly February 25, 2025 177

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