Denmark Announces Nationwide Ban on Use of PFAS Products in Clothing and Footwear

According to the new law, the import and sale of clothing and footwear containing a total fluorine amount of 50 mg F/kg or more will be prohibited. This threshold also applies to water repellents used in these products. The ban applies to both commercial traders and individuals, ensuring comprehensive compliance throughout the supply chain. However, if the source of fluorine is identified as a non-PFAS substance, the ban does not apply.

Regulations define restricted PFAS as "substances containing at least one fully fluorinated methyl (–CF₃) or methylene (–CF₂–) carbon atom, and containing no hydrogen, chlorine, bromine, or iodine atoms." This broad definition is intended to cover a variety of PFAS compounds known for their environmental persistence and potential health risks.^*

* Note: This executive order does not cover PFAS, which only contains the following structural elements: CF3-X or X-CF2-Xˈ, where X = -OR or -NRRˈ, Xˈ = methyl (-CH3), methylene (-CH2-), aromatic groups, carbonyl (-C(O)-), -ORˈˈ, -SRˈˈ, or -NRˈˈRˈ, where R/Rˈ/Rˈˈ is a hydrogen atom (-H), methyl (-CH3), methylene (-CH2-), aromatic, or carbonyl (-C(O)-).

To facilitate a smooth transition for the industry, the Danish government has implemented a grace period allowing businesses to sell existing inventory until January 1, 2027. This transition window aims to reduce economic shock while giving manufacturers and retailers time to adjust their product lines and procurement methods to meet the new legal requirements.

After this date, full compliance will become mandatory. The Danish Environmental Protection Agency (EPA) will be responsible for enforcement, and violations may result in severe penalties, including fines or up to two years of imprisonment, especially in cases involving environmental damage or economic benefits. Under the new framework, companies may also bear criminal liability for violations.

Despite the strictness of the executive order, several exemptions are still included to accommodate specific use cases and existing regulatory frameworks. These exemptions cover professional protective clothing and personal protective equipment (PPE) regulated under EU Regulation 2016/425, medical devices and products already regulated under the EU's REACH and Persistent Organic Pollutants (POPs) frameworks. Moreover, the ban does not apply to vehicles, nor to recycled or reused clothing/footwear.

Through this executive order, Denmark sets a precedent for stringent chemical regulation, aligning with global sustainable development goals. Companies operating in or exporting from Denmark should begin preparations immediately to ensure timely compliance, including reviewing supply chains, reformulating affected products, and updating compliance documentation.