PFAS Regulation – European Chemicals Agency Publishes Figures on Participation in the PFAS Restriction Consultation

PFAS stands for per- and polyfluorinated alkyl substances. PFAS have a wide range of different physical and chemical properties. They can be gases, liquids, or solid high-molecular weight polymers. Some PFAS are described as long-chain or short-chain, but this does not cover all of the different kinds of structures that are present in the PFAS class, which is very diverse. PFAS can be sorted in many ways based on their structure.

PFAS are widely used as they have unique properties. For instance, they are stable under intense heat. Many of them are also surfactants and are used, for example, as water and grease repellents. They are used as substances on their own (either non-polymeric or polymeric) and as constituents in mixtures and (complex) articles for consumer, professional, and industrial uses.

In its 2020 Chemicals Strategy for Sustainability, the EU formulated a zero-pollution goal aimed at better protecting human health and the environment from certain chemicals.

In mid-February 2023, the European Chemicals Agency (ECHA) published a proposal prepared by five EU Member States to regulate the substance group of PFAS under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The proposal seeks to largely restrict the placing on the market, manufacture, use, and import of PFAS. Depending on the area of application, the PFAS in use are to be replaced by alternatives either immediately, or within 6.5 or 13.5 years.

In June 2025, the five EU Member States published a finalized Background Document which includes industry-specific data based on feedback from approximately 5,600 stakeholder comments. ECHA aims to complete its scientific evaluation of the proposed EU-wide restriction on PFAS by the end of 2026. Then, ECHA will move to the next steps of potentially regulating PFAS throughout the EU.

The approximately 10,000 PFAS compounds affected by the REACH restriction proposal can be divided into two groups: low molecular weight per- and polyfluorinated alkyl substances (small molecules) and fluoropolymers (large molecules).

Low molecular weight PFAS, such as PFOA, PFOS, or PFHxS, are of particular toxicological relevance due to their persistence and bioaccumulation. Fluoropolymers have a high molecular weight, are not water soluble, and are not readily bioavailable, and are to be assessed differently from a toxicological perspective. According to ECHA, a differentiated assessment of these substance groups is being examined as part of the PFAS restriction proposal.

Freudenberg Sealing Technologies uses almost exclusively fluoropolymers, which include thermoplastics such as PTFE, PVDF, and FEP, as well as elastomers such as FKM, FFKM, and FVMQ. Freudenberg Sealing Technologies does not manufacture these materials itself, but rather, uses them - primarily PTFE and FKM - as base materials for some of its sealing compounds.

The materials that contain fluoropolymers such as PTFE and FKM are high-performance materials: they are characterized by long service life and high temperature resistance; they are resistant to a wide range of different media and are durable against wear.

Although the assessment of the REACH restriction proposal is not yet complete, Freudenberg Sealing Technologies has already begun to examine alternative materials. However, Freudenberg Sealing Technologies understands that there will be very few cases in which a 1:1 replacement is currently available that meets the performance, service life, and other requirements for use in our products.

Regardless of this, Freudenberg Sealing Technologies has many high-performance materials in its portfolio that do not contain fluoropolymers and have proven themselves in numerous applications.

The extent to which these are suitable as alternatives in specific applications depends on the individual case. Based on our many years of experience and expertise in material development and testing, we continuously evaluate application-specific alternatives. We coordinate the specific options individually with each customer.

The regulation of PFAS is not a topic specific to the EU. Other countries around the world have also begun to regulate the manufacture and use of PFAS, or are considering such regulations.

In the United States (U.S.), individual states (e.g. Maine, Minnesota, and New Mexico) have started to restrict the use of intentionally added PFAS in all products or in specific product groups, and require reporting obligations from manufacturers, users, and importers. At the federal level, the U.S. Environmental Protection Agency (EPA) has issued a regulation under the Toxic Substances Control Act (TSCA) that mandates reporting and recordkeeping for companies that manufactured or imported PFAS between 2011 and 2022, including companies that imported articles containing PFAS in any quantity during that period (TSCA PFAS Reporting Rule, 40 Code of Federal Regulations Part 705). Canada required a one-time report on PFAS manufacturing and PFAS imports for the year 2023. Canada’s aim is to establish a sound basis for future regulatory decisions. In parallel, specific measures have already been implemented for individual applications such as firefighting foams.

Japan regulates certain low molecular weight PFAS - including PFOA and PFHxS - under the Chemical Substances Control Law (CSCL). Additional substance groups are currently under evaluation, and a gradual implementation is expected.

China has introduced initial regulatory measures for certain low molecular weight PFAS, particularly in the areas of industrial emissions and environmental monitoring. A comprehensive national strategy is currently under development.

The regulation of PFAS is currently a highly dynamic field, in which legislators and government authorities in many countries are developing laws and regulations at various levels.

Yes, Freudenberg Sealing Technologies closely monitors developments in chemical legislation across various countries and regularly assesses the relevance of new chemical laws and regulations to our products.

Freudenberg Sealing Technologies is conducting a careful review of the extent to which our products are affected by the various new PFAS regulatory frameworks, and how these frameworks can be best implemented for our products - just as we do for all other potentially relevant chemical laws and regulations.

Where necessary, Freudenberg Sealing Technologies will provide our customers with all required information upon request and in a timely manner, enabling them to fulfill their own reporting obligations.

In October 2023, the U.S. Environmental Protection Agency (EPA) published a PFAS reporting requirement. This so-called TSCA PFAS Reporting Rule requires companies that manufactured or imported PFAS in the U.S. between 2011 and 2022 to report data on the use, production volumes, disposal, exposure, and hazards of these substances. This also applies to companies that, during this period, imported articles (e.g. finished goods or components) that contained PFAS in any quantity.

Activities such as distribution, processing, or use of PFAS-containing products within the U.S. are not subject to this reporting obligation.

The reporting period for the TSCA PFAS Reporting Rule has now been postponed twice: currently, the reporting obligation is scheduled to begin on April 13, 2026, and reports for most companies are due by October 13, 2026. For small manufacturers reporting exclusively as article importers, the deadline is April 13, 2027.

Freudenberg Sealing Technologies is currently examining how the TSCA PFAS Reporting Rule can best be implemented for our products, just as we do for all other potentially relevant chemical laws and regulations.

Proposition 65 is a California law that requires companies to warn the public about exposure to certain chemicals in their products. Proposition 65 currently includes requirements for specific low molecular weight PFAS, such as PFOA, PFOS, and PFNA.

In contrast, the EU proposal for PFAS restriction focuses on restricting PFAS as an entire chemical class, rather than merely requiring warning labels for specific PFAS substances.

On April 16, 2024, the PFAS product law of the U.S. state of Maine (38 Maine Revised Statutes Section 1614), originally enacted in 2021, was amended by LD 1537 and further clarified in April 2025. These updates include, in particular, a postponement of the general sales ban for products with intentionally added PFAS to January 1, 2032 (previously 2030), as well as earlier bans for specific product categories such as cookware and cosmetics, which are generally not relevant for Freudenberg Sealing Technologies.

The reporting obligations under the law now apply only to products sold in the state that have been determined by the Maine Department of Environmental Protection to involve a currently unavoidable use (CUU) of PFAS. Such CUU-designated products are exempt from the sales ban, and reports are only due once the sales ban takes effect (i.e. in 2032).

Freudenberg Sealing Technologies is monitoring developments in Maine and is currently reviewing the applicability of the Maine law to our products.

The U.S. state of Minnesota has enacted a PFAS in products law (Minnesota Statutes Section 116.943) that shares some similarities with the law in Maine. The Minnesota law requires manufacturers to report intentionally added PFAS in products to the Minnesota Pollution Control Agency (MPCA) by July 1, 2026 (previously January 1, 2026).

In addition, starting January 1, 2032, the law will restrict the sale of all products containing intentionally added PFAS, unless the MPCA has classified the PFAS use as a currently unavoidable use (CUU). Certain product categories, such as cookware and cosmetics, are already subject to restrictions, but these are not relevant for Freudenberg Sealing Technologies.

For the years 2025 and 2026, the MPCA plans to publish implementation rules for the PFAS product law for public comment, with the goal of adopting final regulations in time for the reporting obligation to take effect on July 1, 2026.

Freudenberg Sealing Technologies is currently conducting a careful review of the extent to which the Minnesota law applies to our products, including the restrictions on specific product categories that have been in effect since January 1, 2025.

In March 2025, the U.S. state of New Mexico enacted the PFAS Protection Act (House Bill 212), which follows a phased approach to restricting products with intentionally added PFAS and is partially modeled on the laws in Maine and Minnesota.

Starting in 2027, initial sales bans will apply to everyday products such as cookware, food packaging, and children’s products. In 2028, additional product categories such as textiles, cosmetics, and cleaning agents will be included. Beginning in 2032, a general sales ban will apply to all products containing intentionally added PFAS, unless a government-recognized exemption for an essential use is granted.

By 2027, manufacturers of any products containing intentionally added PFAS are required to submit certain information to the New Mexico Environment Department (NMED), unless the Department extends this deadline.

Freudenberg Sealing Technologies is monitoring the implementation of this regulation and is currently reviewing its applicability to our own products.

On July 27, 2024, the Government of Canada published new reporting requirements for PFAS under CEPA. Canada introduced a one-time reporting obligation in 2024. Companies are required to report information on the manufacture, import, and use of 312 specific PFAS substances for the 2023 calendar year. The deadline for submitting reports to Environment and Climate Change Canada (ECCC) was January 29, 2025. Companies could request extensions of up to six months.

The reported data is intended to support the development of future regulatory measures, including potential restrictions on PFAS in products, mixtures, and manufactured items.

Under its current PFAS risk management approach, Canada is considering evaluating fluoropolymers separately in a future assessment.

Freudenberg Sealing Technologies is reviewing the regulatory landscape in Canada to identify any reporting obligations, and will comply with all relevant requirements within the specified deadlines, in line with its standard procedure for all potentially applicable chemical regulations. The company is also working with official reporting authorities to ensure full compliance.