On Monday 6 July, the UK Government published a response to the House of Commons Environmental Audit Committee (“EAC”)’s report on per- and poly-fluoroalkyl substances (“PFAS”). The UK Government’s response is available here. This Legal Update sets out how the UK Government has responded to the EAC’s recommendations, and highlights when businesses can expect to see changes and when critical research will be released.
What are PFAS, and what are the issues?
PFAS are a very large group of around 14,000 synthetic chemicals used in many industries and products for their ability to repel water, oil and stains and resist heat. As part of its work linked to the potential restriction of PFAS in the EU, the European Chemicals Industry has produced a useful PFAS Use-mapping document, which identified that most (if not all) industrial sectors use PFAS, if not in their products, then in their equipment, machinery and production processes.
PFAS are often referred to as "forever chemicals" because they typically persist in the environment for a long time. This, coupled with their widespread use and the known toxicity of some PFAS, have raised concerns about potential health effects and environmental impacts, leading to calls for their restriction and the clean-up of legacy PFAS contamination.
What did the EAC report say?
The report (available here) was critical of the UK Government’s “PFAS Plan”, which recommended a slower and more cautious approach to regulation, relying strongly on the outcomes of ongoing research and emphasising the importance of voluntary, industry-led mitigation and remediation efforts. By contrast, the EAC report called for a government-led, proactive approach to restricting PFAS, in particular by aligning closely with EU standards rather than waiting for UK-based research to conclude. Please refer to our previous Legal Update (here) on the EAC’s recommendations.
How did the UK Government respond?
The UK Government response reaffirms its PFAS Plan and makes no commitments to follow any EAC recommendations. Importantly, the Government has not brought forward any deadlines in its PFAS Plan. A common thread through the responses is deference to the EU’s planned restrictions on PFAS; it seems the UK will align its standards with the EU’s once theirs become clear.
The UK Government’s response stated that it will:
- reform UK REACH by December 2028 (instead of accelerating the deadline);
- be informed by the EU’s approach to PFAS restriction, for example whether PFAS should be restricted by groups or be authorised for essential uses only;
- not commit to a phased restriction of PFAS in non-essential consumer products;
- continue to rely on voluntary industry reporting prior to the reform of UK REACH;
- contribute to international research and data-sharing efforts, but will not yet begin a biomonitoring programme for high-exposure areas;
- consider setting limits on PFAS in food following receipt of research by the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (“COT”) on PFAS, and taking guidance from the EU approach;
- not immediately consider mandatory PFAS disclosures across supply chains;
- consider mechanisms for funding remediation efforts through industry levies, informed by similar mechanisms across the world; and
- assess the need for greater PFAS incineration capacity in light of HSE’s review of restricting PFAS in firefighting foams.
These responses reaffirm the UK Government’s approach will be based on its PFAS Plan, and informed by global approaches to the issue. Industry can be confident that, at least in the short term, no significant changes are imminent.
Key dates to look out for
The response flagged some important upcoming dates businesses should be aware of, concerning policy developments and the publication of research:
- Summer 2026 – a UK Health Security Agency (“UKHSA”) rapid evidence review concerning the health impacts on those near contaminated sites;
- Late 2026 – preliminary results of the UKHSA’s work on developing background PFAS volumes in the human body through biomonitoring;
- Late 2026 – the Health and Safety Executive (“HSE”)’s Final Opinion on PFAS in firefighting foams (we note that the HSE has recently opened a 60-day public consultation on the draft Socioeconomic Assessment Opinion associated with the appropriateness of restrictions to reduce risks to the environment and human health from the use of PFAS in firefighting foams);
- 2027/2028 – UK Research and Innovation aim to begin funding PFAS remediation innovation, including novel destruction methods; and
- December 2028 – deadline for introduction of UK REACH reforms.
It is unclear when the COT will report back (although the indication is that its research will be an “extensive and lengthy undertaking”, or when the EU’s final position on PFAS will be outlined. As it is anticipated that these factors should meaningfully affect the UK Government’s action on PFAS, we recommend that any such developments are tracked.
Conclusion
The UK Government’s response to the EAC report indicates PFAS policy will develop slowly, and the UK is not seeking to lead global progress. Instead, it appears that any significant steps taken will follow research and be influenced by policy pursued in other jurisdictions, particularly by the EU. Businesses should therefore keep an eye on wider policy developments beyond the UK to stay ahead of the curve on PFAS and engage with public consultations on PFAS as they start to come through.
For more information, please reach out to your usual CMS contact.
Prepared with assistance from Jack Bell, Trainee Solicitor in our Environment, Health and Safety team.
