Targeted by environmental associations and NGO in France for several years, perfluoroalkyl and polyfluoroalkyl substances (PFAS) have reached a decisive turning point. Used in various industrial sectors since the 1940s for their non-stick, waterproof, and heat-resistant properties, these chemicals have been the focus of intense political debate in France due to their toxicity and persistence in the environment, making them a major health and ecological concern. On February 20, 2025, France adopted a bill proposed by Green MP Nicolas Thierry to ban them.  Law No. 2025-188 of February 27, 2025, aims to protect the population from risks associated with PFAS. It marks a new era for industries involved in the manufacturing, import, or use of these substances. 

The law prohibits the manufacture, import, export, and sale of various products containing PFAS:

  • As of January 1, 2026, cosmetics, ski waxes, and consumer textiles and footwear will be banned (except for protective clothing and footwear used by military personnel or firefighters).
  • Starting in 2030, the ban extends to all textiles, except for “textile products necessary for essential uses, those contributing to national sovereignty for which no alternative exists, and technical textiles for industrial use”.  The list will be specified in a later decree.

These prohibitions do not apply to products containing PFAS in concentrations less than or equal to a residual value defined by a later decree. Failure to comply with these provisions may be punished by an administrative penalty under article L. 521-18 of the Environment Code, which, after formal notice, requires payment of a fine of up to €15,000 and a daily penalty of €1,500, possibly combined with a ban on importing, manufacturing or placing on the market, or a measure to withdraw substances, mixtures, articles, products or equipment from the market.

The law also aims to make manufacturers more accountable.  In accordance with the ‘polluter pays’ principle, all facilities classified for environmental protection (ICPE) subject to authorization will be subject to an annual fee for their industrial emissions of PFAS into water, set at 100 euros per 100 grams of PFAS emitted.  The list of PFAS covered by this fee will be set by decree.

Finally, the law requires greater public transparency.  The Government must develop, publish, and update annually a map of all sites that have emitted or are emitting PFAS into the environment, including quantitative measurements of PFAS emissions where available.

This law marks a decisive shift in managing persistent pollution and requires companies to make structural changes in their practices.  It aligns with a European initiative to significantly restrict PFAS use, driven by five European countries (Germany, the Netherlands, Sweden, Denmark, and Norway), which have called for major PFAS restrictions under REACH, the EU’s chemical regulation.  Currently under review by the European Chemicals Agency (ECHA), this proposal could lead to a general ban on PFAS at the European level.

Companies affected by the law must immediately adapt their compliance strategy by:

  • Conducting regulatory and environmental audits to identify PFAS-related risks. 
  • Investing in substitution technologies or processes to limit or eliminate PFAS emissions. 
  • Maintaining regulatory monitoring to anticipate new obligations and avoid potential penalties.
test