PFAS Pesticides Face Rising Regulatory Scrutiny Over TFA Groundwater Risks

PFAS Pesticides Face Rising Regulatory Scrutiny Over TFA Groundwater Risks

PFAS pesticides are under increasing regulatory scrutiny across the EU, Denmark, the Netherlands, Germany and the US, as authorities examine products that may degrade into trifluoroacetic acid (TFA), a highly persistent and mobile substance associated with groundwater concerns.

At EU level, the European Commission has adopted the non-renewal of flufenacet, a PFAS herbicide. The decision cites concerns including endocrine-disrupting properties and the risk of groundwater contamination linked to its metabolite TFA. Member States must withdraw authorisations for plant protection products containing flufenacet by 10 December 2025, with any grace period ending by 10 December 2026.

EU Action Clarifies Member State Powers On PFAS Pesticides

The flufenacet non-renewal creates clear compliance deadlines for companies across the agricultural supply chain. Formulators, distributors and downstream users should review product portfolios, authorisations and substitution options ahead of national withdrawal timelines.

Separately, the European Commission has confirmed that Denmark’s withdrawals of certain pesticide products were carried out under Article 44 of Regulation (EC) No 1107/2009. This clarification reinforces that Member States may withdraw plant protection product authorisations where national concerns, such as TFA in groundwater, justify action.

Denmark Withdraws TFA-Forming Pesticide Products

Denmark has taken significant national measures targeting pesticides linked to TFA formation. The Danish Environmental Protection Agency withdrew authorisations for 23 pesticide products associated with TFA formation, introducing staggered deadlines for sale and use. For some products, sales end on 30 August 2025, with use permitted until 31 December 2025 or, in certain cases, 30 September 2026.

Authorities subsequently announced the withdrawal of eight additional PFAS-containing pesticide products, completing a broader national package based on evidence of degradation to TFA and groundwater leaching concerns. Some phase-out allowances extend to the end of the 2026 growing season where alternatives are limited.

Ongoing Reviews And Legal Pressure In Europe And The US

In the Netherlands, the Ctgb has initiated an interim re-evaluation of 46 plant protection products containing PFAS that may degrade to TFA. The review is expected to take more than two years, signalling continued regulatory uncertainty for affected products.

In Germany, German Environmental Aid has requested that authorities revoke authorisations for specific pesticide products alleged to generate TFA, adding legal pressure but not yet resulting in formal regulatory action.

In the US, the Environmental Protection Agency has stated that pesticides with single fluorinated carbon structures do not meet its 2023 definition of PFAS, disputing claims that it recently approved “forever chemical” pesticides. However, litigation challenging the approval of isocycloseram and California’s proposed AB 1603 legislation indicate ongoing policy and legal debate. The California bill outlines a phased approach, with restrictions proposed from July 2028 and broader bans extending to 2035, if adopted.