EUROPEAN UNION

EU – PFAS content limits in food contact packaging now applicable. The Packaging and Packaging Waste Regulation (‘PPWR’) became appliable on 12 August 2026, and with it, the limits on the presence of PFAS in food contact packaging. Further indications on the implications of the new requirement were issued within the Commission’s August edition of the PPWR FAQ. While it does not imply a full ban, only very small concentrations are permitted. In the absence of a cut-off date, existing stocks are not subject to the limits, which only concern products newly placed on the EU market.

Importantly, in the FAQ, the Commission also flagged that any instances of non-compliance should be dealt with by the market surveillance authorities in a supportive way rather than a sanctioning way. e.g. assisting companies with any corrective action, giving companies plenty of time to reply, etc. The wording on this in the FAQ is very similar to the wording used by the Commission Guidance on old stock on the EmpCo Directive (green claims) from last June – i.e. it infers that the Commission wants a softer touch approach to PPWR enforcement in the short term, just as it does with green claims.

EU – REACH PFAS Restriction and Member State Initiatives. Overall, pending the adoption of the REACH PFAS restriction, Member States are not waiting and are forging ahead with their own PFAS restrictions, especially in consumer products. Sweden is a good example where it recently proposed a law restricting PFAS in many consumer products such as clothing, shoes, kitchenware, cosmetics etc from the start of 2028.

Back in June, Commissioner Roswall informally raised the idea of a splitting of the proposed generic restriction, between consumer and industrial uses. Although not confirmed so far, this discussion could be sped up as a result of the regulatory pressure exercised by the Member States. This could allow a quick adoption of a restriction for consumer uses, while prolonging more challenging discussions on industrial ones.

UNITED KINGDOM

UK – HSE updates GB Prior Informed Consent (GB PIC) list adding PFOA, PFOS and PFHxS. The Health and Safety Executive (HSE) has updated the list of chemicals subject to the GB PIC regime (changes applicable from 28 August 2026). It has added perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds to Part 3 of the GB PIC list, reflecting their listing under Annex III to the Rotterdam Convention. Chemicals in Part 3 are subject to the PIC procedure and require the consent of the importing country prior to export. PFOA, perfluorooctane sulfonic acid (PFOS) and perfluorohexane sulfonic acid (PFHxS) families have also been added to Part 4 of the GB PIC list, reflecting their listing under Annexes A and B of the Stockholm Convention on persistent organic pollutants. The Rotterdam and Stockholm Conventions are international environmental agreements, with signatories expected to enact changes made at Convention level into domestic legislation (e.g., corresponding changes on PFOA, PFOS and PFHxS made in the EU). Businesses should be aware that importing and exporting substances covered under GB PIC triggers obligations (for example, reporting yearly quantities imported to the HSE, notifying the HSE of certain exports).

UK – PPWR PFAS limits for food-contact packaging apply in Northern Ireland. From 12 August 2026, parts of Regulation (EU) 2025/40 on Packaging and Packaging Waste (PPWR) entered application, and much of it, though not all, will apply in Northern Ireland (which continues to follow certain areas of EU law as a result of the Windsor Framework). Among the parts relevant to the Northern Ireland market is Article 5(5), which prohibits food-contact packaging from being placed on the market where it contains PFAS at or above specified concentration limits. UK businesses, even where they do not operate in or sell to customers in the EU, will therefore still need to be aware of PPWR requirements if they operate in or supply food-contact packaging into Northern Ireland, even where equivalent packaging supplied in Great Britain is not subject to the same PPWR requirements.

UK – Scottish Government provides further detail on PFAS monitoring and possible future standards. In a series of Scottish Parliamentary answers, the Scottish Government has confirmed that the Scottish Environment Protection Agency (SEPA) will increase the number of PFAS samples collected in 2026 from around 300 to 500, funded through SEPA’s existing Grant in Aid arrangements, and that findings from SEPA’s 2025 Water Quality Monitoring Report will inform further monitoring and investigation at particular sites. The Scottish Government also confirmed that it is reviewing recent changes made by the EU to the list of priority substances under the Water Framework Directive, including the introduction of an environmental quality standard covering 25 PFAS. In a separate response concerning drinking water, the Government noted that SEPA’s recent monitoring concerned the wider water environment rather than drinking-water compliance and stated that the existing Scottish framework applies to any PFAS detected in water supplied to consumers, rather than only the 20 PFAS specifically named in the current standard. The responses indicate that PFAS monitoring and potential interest in alignment with developing EU environmental standards remain under active consideration in Scotland.