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September 19, 2024

EC Adopts REACH Restriction for PFHxA and Related Substances

Lynn L. Bergeson Carla N. Hutton

The European Commission (EC) announced on September 19, 2024, that it adopted new measures under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation to protect human health and the environment by restricting the use of undecafluorohexanoic acid (PFHxA) and PFHxA ‑related substances. The EC states that these sub-groups of per- and polyfluoroalkyl substances (PFAS) “are very persistent and mobile in water, and their use in certain products poses an unacceptable risk to human health and the environment.” According to the EC, the PFHxA restriction focuses on uses where the risk is not adequately controlled, alternatives are available, and socioeconomic costs will be limited in comparison to the human health and environmental benefits. The restriction bans the sale and use of PFHxA in consumer textiles, food packaging, consumer mixtures such as waterproofing sprays, cosmetics, and in some firefighting foam applications. The EC notes that the restriction does not affect other applications of PFHxA, for example in semiconductors, batteries, or fuel cells for green hydrogen.

The EC states that the restriction “is an important step forward in reducing PFAS emissions, since PFHxA is often used as substitution for another already banned PFAS,” perfluorooctanoic acid (PFOA). The restriction is based on the scientific assessment of the European Chemical Agency’s (ECHA) committees and “has successfully passed the scrutiny of the European Parliament and the Council.” The restriction will formally enter into force 20 days after publication in the Official Journal of the European Union. It will take effect after transitional periods of between 18 months and five years, depending on the use, allowing time for replacement by safer alternatives.