What are PFAS and Why are They Being Regulated?
PFAS are characterized by strong carbon-fluorine bonds, making them resistant to degradation. This persistence has led to widespread environmental contamination and bioaccumulation in humans and wildlife, earning them the nickname "forever chemicals". Health concerns associated with PFAS exposure include cancer, liver damage, immune system suppression, and developmental issues in children. These risks have catalyzed regulatory efforts aimed at reducing PFAS emissions and usage.
PFAS are used in cosmetic products for their properties as emulsifiers, stabilizers, and film-forming agents. New regulations to restrict or ban their use in cosmetics will pose significant challenges for manufacturers and formulators.
PFAS Regulation in European cosmetics
EU: PFAS Regulation Next Step
The European Union (EU) is at the forefront of PFAS regulation. A proposal by Germany, Denmark, the Netherlands, Norway, and Sweden aims to ban the manufacture and use of approximately 10,000 PFAS. This extensive restriction, under evaluation by the European Chemicals Agency (ECHA), could become one of the most significant chemical regulations in history. The proposal outlines a phased approach, targeting both specific uses and broader categories of PFAS, with the aim of implementing the ban over the next few years.
Like the French regulation, cosmetic products would be part of the “wide-use products” for which the ban is expected from 2026.
France: PFAS Regulation in cosmetic to be adopted?
France has adopted a comprehensive approach to tackling PFAS pollution. On May 30, 2024, the French Senate passed a law aiming to protect the population from PFAS risks. A second lecture by the National Assembly is awaited before the official publication of this text.
This legislation mandates a gradual ban on PFAS, starting with their use in food packaging, cosmetics, and textiles by 2026, and extending to all non-essential uses by 2030. The law also includes provisions for stricter monitoring and reporting requirements for industries that use PFAS.
The French government hopes for a European ruling, to avoid diverging regulations throughout the 27 EU countries.
UK: PFAS Regulatory Progress
Following the UK's exit from the EU, it has implemented several EU regulations such as POPs (Persistent organic pollutants), REACH, CLP, and PIC (Prior Informed Consent) regulations. Recently, the Health and Safety Executive (HSE) published a report on the Regulatory Management Options Analysis (RMOA).
This is the first step towards the UK PFAS restriction proposal, which will fall under the UK REACH regulation and is expected to be closely aligned with the EU proposal.
Regarding the use of PFAS in cosmetics, while additional restrictions could be considered, research indicates that PFAS do not significantly impact the cosmetic industry. Consequently, they are not currently prioritized for imminent regulation in the UK.
PFAS Regulation in North American cosmetics
US FDA: MoCRA PFAS Rules intentions
In the US, the 2021 "No PFAS in Cosmetics Act" proposed in Congress aims to ban PFAS in cosmetics such as make-up, moisturizers, and perfumes. The Modernization of Cosmetics Regulation Act (MoCRA) signed into law in 2022 expands the FDA’s authority to regulate cosmetics, including the reporting requirements for cosmetic ingredients like PFAS. At the time, the FDA recorded about 35 types of PFAS used as ingredients in a total of 578 cosmetic product formulations (based on data from previous VCRP registrations).
The FDA must assess the use of PFAS in cosmetics and publish a report summarizing the results by December 29, 2025. The EPA (Environmental Protection Agency) also has authority under the Toxic Substances Control Act to review new chemicals and uses of PFAS. While there are no national mandates, state-level actions include bans on the intentional use of PFAS.
US States laws: 1st ban of PFAS in cosmetics
California’s PFAS-Free Beauty Act of 2022 was the first state worldwide to establish a law to ban PFAS in cosmetics. The ban will apply to cosmetics sold in the state starting from January 2025.
Vermont and Maryland have similar bans with comparable deadlines. As of March 2023, 32 states have pending legislative actions related to PFAS, including bans on various products like cosmetics and water-resistant treatments.
Other states, like Colorado, have focused on phasing out PFAS in the most impacted industries, not including the cosmetics industry after considering that the PFAS authorized for use in cosmetic products does not represent a threat for human health.
Canada: PFAS Regulatory Developments
Under Canada’s Chemicals Management Plan, potential risks of PFAS have been reviewed to establish guidelines and new regulations.
In May 2023, Canada published a draft State of PFAS Report, which assesses the environmental and human health impacts of PFAS and outlines a comprehensive risk management scope. This involves evaluating various regulatory and non-regulatory measures to reduce PFAS exposure from significant sources, including cosmetics.
Ongoing data collection and monitoring initiated by the Canadian government will likely lead to regulations in the coming years.
PFAS Impact on Cosmetic Products
The cosmetic industry has relied on PFAS for their properties as emulsifiers, stabilizers, and film-forming agents, which are used in products like foundation, mascara, and sunscreens.
New regulations will require some manufacturers to reformulate products, contributing to reducing health and environmental risks associated with PFAS exposure. It is important to note that not all countries agree on the real impact and presence of PFAS in cosmetics.
Many of the most hazardous PFAS are banned for use in cosmetic products over Europe and North America. Some countries have expressed their opinion and determined that the current regulation framework is sufficient to ensure safety for human health (e.g., Colorado, UK).
Moreover, the intent of PFAS use in cosmetics is to be considered, similar to how intentional microplastics are regulated in the EU.
Possible Alternatives to PFAS
Research into alternatives to PFAS is ongoing, with options like silicon-based compounds, biodegradable polymers, and natural waxes emerging. Innovations in green chemistry are also contributing to the development of safer materials that can replace PFAS in various applications.
These alternatives not only offer similar performance characteristics but also align with environmental sustainability goals.
Future Implications
The tightening of PFAS regulations globally signals a shift towards more stringent environmental and public health policies. As other countries observe the EU and France's actions, similar regulatory measures are likely to be adopted worldwide.
This trend will drive innovation in safer chemical alternatives and promote sustainable industrial practices. Reducing PFAS contamination will significantly benefit human health and the environment in the long term.
However, differing opinions on the concern of PFAS on the cosmetic industry mean that regulatory approaches will vary, with some regions opting to maintain their current standards, believing they are adequate for ensuring safety.
Conclusion
The new regulations on PFAS mark a significant step in addressing the challenges posed by these persistent chemicals. While industries, especially cosmetics, face the challenge of adapting to these changes, the push for safer alternatives and stricter controls promises a healthier future. The global response to PFAS contamination underscores the importance of proactive environmental and health protection measures.
Nonetheless, the varying stances on PFAS impact and regulation highlight the complexity of achieving a unified global approach.
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