FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
ise products (such as cosmetics) containing PFAS. A schedule provides for the extension of this prohibition to other products (such as any textile) until 1 Janu - ary 2030. Also, this law sets out a roadmap to elimi - nate industrial PFAS discharges into water. Finally, a fee will be introduced for classified facilities subject to authorisation that discharge PFAS, the amount of which will vary according to the weight of PFAS emit - ted per year. In December 2025, two implementing decrees clarified certain provisions of Law No 2025- 188 of 27 February 27, 2025, aimed at protecting the public from the risks associated with PFAS. • Decree No 2025-1287 of 22 December 2025, on the health safety of water intended for human con - sumption, aims notably to list the PFAS that must be tested for as part of health inspections of water intended for human consumption. • Decree No 2025-1376 of 28 December 2025 aims to specify the procedures for implementing the prohibitions set forth in Articles L.524-1 and L.524- 2 of the Environmental Code concerning the manu - facture, import, export and placing on the market of certain products containing PFAS. Exceptions and exclusions are specified. These thresholds are intended to be revised in line with developments in
European law, particularly the Registration, Evalu - ation, Authorisation and Restriction of Chemicals (REACH) and Persistent Organic Pollutants (POPs) Regulations. Appropriate methodologies would be necessary for the regulation to be fully enforceable. The decree enters into force on 1 January 2026. However, a 12-month phase-out period is provid - ed: products manufactured before 1 January 2026 containing PFAS may continue to be placed on the market or exported until 31 December 2026. After this period, any placing on the market or exporta - tion will be strictly prohibited. 3.2 Future Policy in Product Liability and Product Safety The proposal for a directive of the European Parlia - ment and of the Council on liability for defective prod - ucts will profoundly change the conditions for apply - ing product liability. Meanwhile, the proposal to adapt the rules on non- contractual civil liability to artificial intelligence, which aimed to update fault-based liability in the field of arti - ficial intelligence, has been abandoned for the time being.
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