Press release
Lawyers warn: PFAS review leans too heavily on industry claims
21 August 2025
The European Chemicals Agency (ECHA) has published the updated proposal prepared by five member states to restrict PFAS, the so-called “forever chemicals.” The document forms the main basis for ECHA’s committees' opinion. This opinion is expected in 2026, after which the European Commission can table a restriction.
Reacting to the update, ClientEarth lawyer Hélène Duguy said: “Updating the restriction proposal for PFAS was a major effort that should have brought us closer to the solid evidence needed to restrict these harmful substances. Instead, the revision reflects industry lobbying more than scientific balance.”
According to analysis by ClientEarth, the update:
- Takes industry submissions largely at face value, leading to a growing list of derogations.
- Grants broad exemptions, for example for invasive medical device and sealing applications for industrial uses, without considering sub-uses where alternatives already exist.
- Offers an exemption for producing polymeric PFAS “under controlled conditions” with certain emission limits, despite the fact that any PFAS is harmful and that controlling and enforcing emissions is inherently complex.
- Directly reproduces industry statements, for example about “trade and competitiveness” impacts, such as supposed risks of collapsing production processes or stifled innovation, without questioning their underlying assumptions and relevance in the broader context.
Duguy added: “Some PFAS are currently built into products, but that is because industries never challenged their reliance on them. The fact that a chemical makes a product work does not make it essential. Regulation must be guided by wanting to create an innovative economy that respects people and the planet, not by how convenient PFAS are to keep using.”
The next step is for ECHA’s scientific (RAC) and socio-economic (SEAC) committees to assess the evidence.
Duguy concluded: “We hope that the committees will provide the Commission with a science-based opinion that is objective and accounts for all evidence, including the existence of well-functioning alternatives, rather than repeating industry talking points.”
ENDS
About ClientEarth
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world. ClientEarth teams in Europe, Asia and the USA work to shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.