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Persistent Pollutants

European court rejects Chemours’s arguments on classifying a fluorochemical

Judges uphold decision that one of the company’s PFAS is a candidate for tight regulation

by Cheryl Hogue
February 27, 2022 | A version of this story appeared in Volume 100, Issue 8

 

A chemical related to Chemours’s GenX fluorosurfactant was appropriately categorized as a candidate for strict regulation in the European Union, a court ruled Feb. 23.

Chemical structure of hexafluoropropylene oxide dimer acid (HFPO-DA).

The European Court of Justice rejected Chemours’s argument that the European Chemicals Agency (ECHA) erred in its 2019 decision on how to classify the molecule under the EU’s Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) law.

The chemical at issue is hexafluoropropylene oxide dimer acid (HFPO-DA), the fluoroether that forms when GenX hydrolyzes in the environment. Both are in the class of per- and polyfluoroalkyl substances (PFAS). GenX is used to make fluoropolymers such as nonstick coatings. Animal tests show that HFPO-DA can harm the liver, kidneys, blood, and immune system.

Soil, food, and drinking water in communities near a Chemours plant in Dordrecht, the Netherlands, have been tainted with HFPO-DA; the chemical has also been found in employees' blood. The Dutch government and advocacy groups ClientEarth and Chem Trust joined ECHA in defending the classification, which sets up HFPO-DA for possible regulation that would allow its use only with the agency’s authorization.

“Chemours have acted as though its experts do not understand the gravity of the situation, instead spending resources challenging much-needed EU decisions,” Alice Bernard, an attorney with ClientEarth, says in a statement.

Chemours is “reviewing the ruling to determine the best course of action,” a company spokesperson tells C&EN in an email.

CORRECTION:

This story was updated on March 1, 2022, to say that hexafluoropropylene oxide dimer acid (HFPO-DA) was found in the blood of employees of the Chemours plant in Dordrecht, the Netherlands, not the blood of residents of nearby communities.

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