Toxic flame retardants face sweeping EU ban

A class of substances intended to stop plastics catching fire and used in anything from smartphones to sofas could be the next family of chemicals subject to blanket restrictions in the EU amid fears over their health and environmental impact.

In a recommendation made on Wednesday, the European Chemicals Agency, ECHA, warned that aromatic brominated flame retardants (ABFRs) are of particular concern when used as additives that do not chemically bind to a plastic.

“These substances are released to the environment throughout the product lifecycle, with waste stage being of particular concern,” the Helsinki-based EU agency said, in response to a formal request from the European Commission.

Similarly to per- and polyfluoroalkyl substances (PFAS) – known as ‘forever chemicals’ and also facing EU restrictions – ABFRs are toxic, accumulate in living organisms, and break down very slowly if at all in the environment. They are used widely in textiles, construction and electronics, the EU regulator said.

Many ABFRs are also not yet registered under the EU’s overarching chemicals law, known as REACH, but have been found in high concentrations in the environment, ECHA added. “This suggests potential issues with REACH registration compliance or uncertainty about the plastic composition in imported articles,” it said.

Group approach

Some brominated compounds have already been banned in the EU, but are often then simply replaced by other, equally harmful, alternatives.

“Any regulatory action on ABFRs should consider a group approach,” the agency concluded, implying the need for a PFAS-style sweeping restriction rather than a case-by-case ban to avoid such substitution effects.

ECHA’s report only confirmed long-standing concerns over the safety of flame retardants, said Sandra Jen, who leads the chemicals programme at the Health and Environment Alliance (HEAL), a Brussels-based campaign group. 

“These chemicals are highly persistent, bioaccumulative, and toxic, and their widespread use results in continuous exposure throughout the product lifecycle,” Jen told Euronews, adding they have been linked to developmental and behavioural disorders, neurotoxicity, endocrine disruption, metabolic disruption and cancer. 

“HEAL calls on the European Commission to swiftly follow up on ECHA’s findings by advancing restrictions on ABFRs and ensuring a toxic-free environment that safeguards public health,” she said. 

The Commission is already drafting a blanket PFAS ban following a high-profile public campaign that saw Hollywood actor Mark Ruffalo visit Brussels to urge a regulatory crackdown.

But conservative lawmakers have expressed concern, arguing the chemicals are also used in medical devices, wind turbines and carmaking, and many industrial sectors are lobbying the EU executive for exemptions.

The chemicals industry is clearly concerned about the potential for further restrictions being slapped on another broad group of widely-used substances. The International Bromine Council (BSEF), which has been lobbying for years against the tighter regulation of flame retardants, told Euronews it was still analysing ECHA’s report. 

“Modern generation ABFRs are thoroughly researched to ensure they are safe for human health and the environment,” a spokesperson said. “They meet strict legal requirements and certification schemes – flammability and product standards – and are safe for users and workers.” 

In 2022, the industry group saw a legal challenge to ecodesign rules banning the use of the wider group of halogenated flame retardants in monitors and other electronic screens thrown out by the EU courts.

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“BSEF notes that this report is a recommendation only and any decision on how to proceed now lies with the European Commission,” the spokesperson said. Any potential restrictions would be unlikely to take effect before 2029, he added. 

President Ursula von der Leyen has made the simplification of EU chemicals regulation a priority for her five-year second term at the Commission, which began earlier this month. The EU executive is expected to propose an overdue reform of REACH next year.