ECHA publishes updated EU PFAS Restriction Proposal – COSlaw.eu

On 20 August 2025, the European Chemicals Agency (ECHA) announced the publication of the updated proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the EU’s chemicals regulation, REACH. The updated proposal has been prepared by the national authorities of Denmark, Germany, the Netherlands, Norway, and Sweden, who submitted the initial dossier in January 2023.

Road to the proposal: Background Document

Following the dossier submission, a six-month consultation ran from March to September 2023. The consultation received more than 5600 scientific and technical comments Based on this evidence, the five authorities have reviewed and updated their restriction proposal.

The updated report, known as the Background Document, will serve as the basis for the opinions of ECHA’s committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC). The Background Document may continue to evolve based on the committees progress in their evaluation.

Impact on the cosmetic industry

The Updated PFAS Restriction Proposal identifies cosmetics as one of the main areas of application of PFAS.

Under the EU Cosmetic Products Regulation, several PFAS are already banned in cosmetics sold in the Union market, including PFOS and its potassium, ammonium, and lithium salts, PFOA, PFNA and its sodium and ammonium salts, diethanolamine perfluorooctane sulfonate, and PFHpA. These substances are classified as Category 1B reproductive toxicants and therefore fall under the general ban on CMR substances.

By contrast, other PFAS are restricted in cosmetics not through the Cosmetics Regulation, but under REACH – for example, PFHxA, its salts, and related substances – since the Cosmetics Regulation addresses only human health risks and does not take environmental concerns into account.

As a result, PFAS are generally banned under the EU Cosmetics Regulation only when classified as CMR or identified as posing a direct human health risk. In such cases, a quantitative risk assessment is carried out, though it is rare for substances other than skin sensitisers to be deemed unsafe in cosmetics, and PFAS are not included in this category.

Given these limitations, the dossier submitters suggest proceeding with a broad PFAS restriction under REACH rather than through the Cosmetics Regulation, as the latter would be impractical. The updated restriction proposal also notes that, unlike some other sectors where time-limited derogations may be necessary, in cosmetics there is already strong evidence that technically and economically feasible alternatives exist, with no indications of supply shortages.

Next steps: proposal to be finalised by 2026

ECHA’s RAC and SEAC committees are now examining the proposal. Their aim is to provide the European Commission with transparent, independent, high quality opinions. The Agency intends to complete its scientific evaluation of the proposal by the end of 2026. The final decision on the restriction will be taken by the European Commission in consultation with EU Member States.

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