On February 23, 2022, the European Court of Justice delivered their judgement in the case of the European Chemicals Agency (ECHA) versus Chemours, confirming ECHA was right to classify GenX chemicals as substances of very high concern under (SVHCs) under the EU’s REACH regulation. Chemours, a chemical company, has two months and ten days to appeal the decision.   

GenX chemicals are a group of per- and polyfluoroalkyl substances (PFAS) used in non-stick coatings for over a decade. The chemicals were used to replace perfluorooctanoic acid (PFOA; CAS 335-67-1) after it was found to be persistent, bioaccumulative, and toxic and declared an SVHC in 2013. PFOA was globally banned under the Stockholm Convention in 2019.  

The replacement of a banned chemical with a closely related substance later found to be equally hazardous is called ‘regrettable substitution’ (FPF reported). Concerns over regrettable substitution have led some groups, such as the International Pollution Elimination Network and CHEM Trust, to call for whole groups of closely related chemicals to be regulated together (FPF reported, also here). Five EU Member States are currently working on a proposal to restrict all PFAS under REACH (FPF reported). 

 

Read More 

CHEM Trust (February 23, 2022). “Chemicals company suffers blow in EU Court on forever chemicals – NGOs reaction.” ClientEarth 

European Court of Justice (February 23, 2022). “Judgement of the General Court (Eighth Chamber) – 23 February 2022.” Curia 

Julie Schneider (July 25, 2019). “Action on ‘GenX’: Another ‘forever chemical’ added to the EU list of substances of very high concern.” CHEM Trust

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