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The Impact of PFAS ‘Forever Chemicals’ in Product Compliance

I recently had the opportunity to visit with Cally Edgren, a Senior Director of the Regulatory Expert team at Assent, who has nearly three decades of experience in manufacturing and has dedicated her career to helping manufacturers comply with regulations. We took a deep dive into the next serious matter for product compliance, forever chemicals. Every compliance professional needs to be aware of this upcoming issue for product manufacturers.

PFAS chemicals, commonly known as ‘forever chemicals’, have been used in manufacturing for approximately 85 years due to their durability and resistance to water and oil. However, these chemicals have been linked to various health effects and have been detected in water supplies and soil contamination. As a result, regulators and litigators are focusing on incorporating PFAS chemicals into regulatory instruments and holding manufacturers accountable for their use.

States like Maine and Minnesota have taken proactive measures by implementing laws to restrict the use of PFAS chemicals. For instance, Maine has released a law that requires all manufacturers selling products in the state to register any PFAS use in those products and pay a fee for registration. By the year 2030, the state plans to ban the use of PFAS in all products sold unless it is deemed an essential use by the Maine Department of Environmental Protection. Minnesota has followed suit, with even more aggressive regulations, including a reporting rule in 2026, a full PFAS ban in 2032, and a prohibition on certain products containing PFAS starting in 2025.

Manufacturers now face the challenge of assessing their supply chain to ensure compliance and avoid potential disruptions. The discontinuation of PFAS production by major manufacturer 3M by the end of 2025 poses a significant risk for manufacturers, as it could lead to supply chain disruptions. It is crucial for manufacturers to consider the broader risks associated with PFAS contamination and take proactive measures to assess their supply chain and find alternative solutions.

The Toxic Substance Control Act (TOSCA) is the primary chemicals management regulation in the United States. Under TOSCA, a recent requirement calls for the creation of an inventory of PFAS use in the country. This inventory will provide valuable information for regulators and manufacturers to better understand the extent of PFAS usage and its potential impact on human health and the environment.

One of the challenges in addressing PFAS regulation is the limited availability of test methodologies. With tens of thousands of different PFAS chemicals, there are only test techniques available for approximately 50 to 60 of them, mostly restricted to drinking water testing. As a result, regulators, including the Environmental Protection Agency (EPA) and the state of Maine, suggest inquiring via the supply chain to determine if PFAS chemicals have been added to products. This approach involves asking suppliers about the presence of PFAS in the materials they sell and understanding the specific PFAS chemicals and concentrations involved.

The regulation of PFAS chemicals differs from previous materials regulations due to additional factors beyond regulatory compliance. Litigation and financial implications surrounding PFAS are growing concerns for manufacturers and companies. While litigation primarily targets the manufacturers of PFAS, it is starting to extend to companies that use these chemicals in their products. This shift in litigation poses a significant risk for manufacturers, as they may face legal consequences and reputational damage.

Considering the potential supply chain disruptions and litigation risks, manufacturers cannot solely rely on assessing the impact of regulations. Waiting to see how regulations unfold may ignore the bigger risk of supply chain disruptions caused by the discontinuation of PFAS production. Manufacturers must take a broader approach to assess the impact of PFAS, considering the potential disruptions to their operations and the availability of alternative materials.

The regulation and impact of PFAS ‘forever chemicals’ in manufacturing require a careful balance of various factors. While the health concerns associated with PFAS chemicals are significant, manufacturers must also consider the potential disruptions to their supply chain and the financial implications of litigation. By proactively assessing their supply chain, exploring alternative materials, and staying informed about evolving regulations, manufacturers can navigate the challenges and make informed decisions that prioritize both human health and operational sustainability.

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The ESG Report

The ESG Report – Cally Edgren on Forever Chemicals

The ESG Report podcast is hosted by Tom Fox. Looking for innovative solutions to tackle climate change? Look no further than The ESG Report! In this episode, Tom speaks with Cally Edgren about Forever Chemicals.

Cally Edgren, a Senior Director of the Regulatory Expert team at Assent, has nearly three decades of experience in manufacturing and has dedicated her career to helping manufacturers comply with regulations. Edgren’s perspective on the regulation and impact of PFAS “forever chemicals” in manufacturing is that it is a game changer in the materials compliance world. She explains that PFAS are synthetic chemicals with tight carbon-fluorine bonds that have been used for their fantastic material properties, but these chemicals do not break down and have been found in water supplies and soil, raising health concerns. Edgren notes that regulators are starting to include PFAS chemicals in regulatory instruments, and states are being aggressive in addressing the contamination. She also highlights the supply chain disruption that will occur as major manufacturers like 3M discontinue products containing PFAS, emphasizing the need for manufacturers to consider the broader impact of PFAS regulations on their operations. Join Tom Fox and Cally Edgren on this episode of the ESG Report podcast to learn more about this critical issue.

Key Highlights:

  • The Persistence of PFAS Chemicals
  • The Broader Risks of PFAS Contamination
  • Implications of PFAS Regulations on Manufacturers
  • Stricter State Regulations on PFAS Use
  • PFAS Litigation and Industry Disruption

Resources

Cally Edgren on LinkedIn

Assent

Tom Fox

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The ESG Report

Jared Connors Looks Into 2023

In this episode of the ESG Report, Tom Fox discusses the regulatory movement towards mandatory climate disclosure requirements. Guest Jared Connors explains why product liability, previously viewed as a negative for sustainability, is now viewed as a positive.

Jared Connors is on the regulatory team at Assent. In his role, he supports and analyzes the market, engages standards and framework makers and regulatory agencies to help understand what companies will face and how they can comply.

 

  • Jared says that product compliance depends on how certain jurisdictions approach sustainability. 
  • Consumers make an impact on upstream corporation supply and demand, and that impact is shown via downstream companies who produce the products.
  • Companies have to do a better job at being proactive about knowing their supply chain and the stance of the suppliers that they work with.
  • Organizations need to be able to show that their suppliers have no connection to modern day slavery. 
  • Jared stresses the point of transparency as opposed to sustainability. When companies, suppliers and stakeholders are transparent, business becomes more ethical. 

 

Resources

Jared Connors on LinkedIn

Assent

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The ESG Report

Assent Webinar on the ESG Regulatory Year in Review & 2023 Forecast

On this special edition of the ESG Report, I repost a recent webinar hosted by Assent. In this webinar, top Assent SMEs looked back at key ESG, supply chain and sustainability topics from 2022 and into 2023. Speakers included Cally Edgren, Director, Regulatory & Sustainability Experts; Dr. Bruce Jarnot, Regulatory & Sustainability Expert, Product Sustainability; Jared Connors, Regulatory & Sustainability Expert, ESG & Responsible Sourcing and Travis Miller, General Counsel.

Topics covered include:

  • Events in 2022 that impacted supply chain sustainability and global product market access;
  • What Assent’s regulatory experts see on the horizon for 2023 and beyond;
  • Steps manufacturers must take to protect their market access in 2023; and
  • Developing programs to address increasingly complex supply chain sustainability requirements.

Resources:

For more on Assent, click here.

For the full webinar click here.

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The ESG Report

Responsible Minerals, Supply Chain and ESG with Jared Connors and Daniel Zamora

 

Jared Connors and Daniel Zamora join Tom Fox in this episode of the ESG Report to discuss how market expectations have evolved with regard to due diligence in the responsible sourcing field.

 

 

Due diligence used to be a data collection exercise where you get transparency into your supply chain, but now it’s all about what you do with that information after you collect data. It’s about how a company can move from being reactive to being proactive and going beyond regulatory requirements. It means risk management activities related to identifying sanctions within your supply chain. The first step to becoming proactive with your data due diligence is collecting data more efficiently. This allows you to have the resources in place to perform risk management within your supply chain. “You need to have a specific program in place that would allow you to see and identify the risks so you can see where minerals are coming from and where the minerals are going afterwards,” Daniel says.

 

Under the Biden administration, there has been a major focus on critical minerals when it comes to sanctions and regulations. Critical minerals are not specifically tied to the Dodd-Frank Act, but this focus has emphasized to all stakeholders in the industry to be vigilant about them in general. All stakeholders – downstream companies, shareholders, suppliers, customers, and employees – are engaging in discussions and conversations around the ESG requirements for critical minerals. Having an entity in your supply chain that is tied to a sanction puts you at risk, no matter how direct or indirect that linkage is. 

 

Resources

Jared Connors on LinkedIn

Daniel Zamora on LinkedIn

Tom Fox’s email

Assent

 

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The ESG Report

UFLPA, Supply Chain & ESG with Travis Miller and Jamie Wallisch

 

Tom Fox welcomes Travis Miller and Jamie Wallisch to the ESG Report. In this episode, they talk about the Uyghur Forced Labor Prevention Act (UFLPA), and how it impacts the way companies do business across the supply chain.

 

 

The UFLPA is a United States federal law that stops companies from importing products made with forced labor in the Xinjiang region of China or any other part of China with forced labor by workers or other minorities. This law is important because it makes sure that companies are aware of what is happening and take steps to stop it. The UFLPA makes companies use processes that already exist in their business. To follow the UFLPA, your company would need to have a compliance program in place. Jamie also explains how regulators could assess companies’ compliance programs using the UFLPA. 

 

Organizations need to recognize their organizational footprint because each company out there affects more than just the people who work there. It’s not just about who you choose to do business with but also who you choose to profit from. You can’t just condemn bad business practices verbally. You have to be actively engaged in ethical behavior. “It’s this assessment, it’s this realization that you are the sum of your components. You are the sum of your relationships,” Travis adds. 

 

Resources

Travis Miller | LinkedIn 

Jamie Wallash  

Assent

 

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The ESG Report

Supply Chain and ESG – ESG Drivers with James Calder and Jared Connors

 

James Calder and Jared Connors of Assent are today’s guests on this premier episode of the 5-part series, Supply Chain and ESG – What You Need to Know. In this brief conversation, they chat with Tom Fox about how ESG impacts a company’s performance presently and in the future.

 

 

Before the pandemic, many companies were very dependent on global supply chains. Post-pandemic, however, companies need to focus on environmental resilience. This means that they need to be careful about where they get their supplies from because there is a risk of disruption. It is risky now to source from regions that do not abide by the appropriate environmental controls or expectations on human rights, all of which can lead to a supply chain disruption. Additionally, companies that can’t demonstrate that their products don’t violate human rights are at a disadvantage. Without evidence that they are adhering to labor laws, they could lose business to their competitors, Jared tells Tom. 

 

ESG offers companies the opportunity to determine with data if there are operational inefficiencies. If there are inefficiencies, business solutions can be brought to help make companies actually run more efficiently from the data collation required for an ESG program. This in turn saves companies money. “When you think about that in the context of labor… if you’re helping the well-being of these organizations or these individuals out there working in these organizations, oftentimes you see a lot more efficiency and better quality in their work,” Jared says. 

 

Resources

James Calder | LinkedIn 

Jared Connors | LinkedIn

Assent