This paper focuses on the legal adoption and possible implications of the proposed per- and polyfluoroalkyl substances (PFAS) restriction. In the case of PFAS, this restriction puts value on the regulatory efforts to implement far-reaching and ambitious targets amid a high level of scientific uncertainty. The purpose of this paper is to present a report rather than conducting an in-depth analysis of the mentioned field. Overall, the paper argues that such a daring decision might be justified by the precautionary principle. However, the implementation might raise opposition from the stakeholders’ side and might take longer than initially anticipated, most likely with additional derogations concerning essential goods that do not currently have safe alternatives.

This article examines ‘essential use’ as a novel form of regulatory control. An essential use approach to the regulation of potentially hazardous chemicals has not been used extensively (if at all) in European Union (EU) regulatory law and warrants further consideration. Essential use, as initially proposed by scientists and later referred to in the EU 2020 Chemicals Strategy for Sustainability, is a radical departure from the current method of regulating hazardous substances. The purpose of this article is to contribute to legal scholarship on essential use by (i) scoping its origins in United States law and subsequently in international law; (ii) noting its limited incorporation into the EU legal order over the past 30 years; (iii) analyzing how it could be further incorporated into the EU legal order; and (iv) considering the impact of such a move on the future regulation of hazardous substances in the EU.