Ales Bartl and Herb Estreicher Quoted in Inside PFAS Policy Article on EU Proposed PFAS Ban

Keller and Heckman Partners Ales Bartl and Herb Estreicher were quoted in the Inside PFAS Policy article, “Lawyers Urge Industry To Seek Extension To EU Proposed PFAS Ban.” The article mentions Keller and Heckman’s February 14, 2023 REACH 30/30 webinar, where Herb and Ales discussed the European Chemicals Agency’s (ECHA) February 7 proposal to ban all uses of per- and polyfluoroalkyl substances (PFAS) within 18 months. The proposed ban adopts a broad definition of PFAS, including fluoropolymers. “This is probably the most ambitious proposed ban in all history,” said Herb. 

Herb and Ales urged industry officials to weigh in on the EU proposal by asking for additional time. “First, you should request a longer general transition period, because 18 months is really short given the significant impact – at least 32 months should be requested,” said Ales.

Herb also mentioned that “there’s going to be pressure from Democrats on the Hill to do something similar in the U.S.,” so he implored listeners to “try to encourage your trade associations, to work with your European counterparts, to try to block this.”

A six-month comment period will start on March 22, 2023, but Ales pointed out “if your comments are submitted within the first month of the public consultation” process, “it will be taken into account during the first meeting” of the Risk Assessment Committee and the Socio-Economic Analysis Committee, and “it may really influence the drafting of the opinions” by those review committees.

Ales also urged industry participants to submit risk-based data to EU regulators in response to the pending proposal, saying the proposal lacks such robust information and relies on the chemicals’ persistence and mobility as a “proxy” for risk.

To read the full article, please click here (subscription required).