On 12 August 2026 the EU Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) formally took effect. Under guidance document C/2026/3084 issued by the European Commission on 10 June 2026, food contact packaging placed on the EU market must meet requirements on per- and polyfluoroalkyl substances (PFAS) content and total fluorine (TF) content. The scope covers packaging that has already come into contact with food, as well as packaging that can reasonably be expected to come into contact with food in retail, food service and similar settings.

Under the PPWR, Member States must complete their national penalty legislation and notify the Commission by 12 February 2027.

Enforcement in Germany

Germany is the first major Member State to complete domestic legislation, issuing the packaging implementation act VerpackDG on 17 July 2026. Under the act, the competent authority may impose fines of up to EUR 10,000 for placing packaging on the market that does not meet the PFAS and TF limits, and may confiscate the goods concerned.

Beyond administrative liability, German law also creates criminal exposure:

· Infringements of the restrictions in Annex XVII to Regulation (EC) No 1907/2006 (REACH) and in Part A of Annex I to Regulation (EU) 2019/1021 (POPs) are treated as criminal offences under the Chemicals Sanctions Ordinance (ChemSanktionsV) and may be punished by up to two years' imprisonment or a fine; where the life or health of others is endangered, the penalty is increased.

· Use of substances not authorised under Regulation (EU) No 10/2011 may be punished under the Food, Consumer Goods and Feed Code (LFGB) by up to one year's imprisonment or a fine; the penalty is increased where the life or health of others is endangered or substantial economic benefit is sought.

High-risk product categories

Taking into account past enforcement cases and the properties of the substances involved, the following categories should be prioritised in compliance screening:

· Single-use paper baking cups, which have been recalled by market surveillance authorities in Belgium and Norway;

· Paper products with hydrophobic and oleophobic coatings, such as paper drinking straws and barbecue tray liners;

· Bags for powdered foods such as protein powder, which have already triggered settlements under California Proposition 65 in the United States;

· Other paper or plastic packaging treated with water-, oil- or stain-repellent coatings.

PFAS and TF limits under the PPWR

Control parameter  |  Limit

Any single non-polymeric PFAS  |  25 ppb

Sum of non-polymeric PFAS  |  250 ppb

Total fluorine including polymeric PFAS  |  50 ppm

Key compliance questions

1. Will the EU publish a list of PFAS substances?

According to the Commission FAQ issued in August 2026, no separate EU-level list of PFAS substances will be published. Some Member States, however, such as France, retain the right to publish national lists, so companies need to keep monitoring.

2. Can a total fluorine report alone serve as proof of compliance?

Under guidance document C/2026/3084, the Commission currently accepts test reports for total fluorine (TF) or total organic fluorine (TOF) as evidence of compliance. Note, however, that the PPWR does not waive obligations under existing legislation, and food contact packaging must still satisfy all of the following at the same time:

· Entry 68 of Annex XVII to REACH (C9-C14 PFCAs and their salts and related substances) and entry 79 (PFHxA and its salts and related substances);

· Part A of Annex I to the POPs Regulation (PFOS, PFOA, PFHxS, C9-C21 long-chain PFCAs and their salts and related compounds);

· The positive list in Regulation (EU) No 10/2011 on plastic food contact materials;

· National requirements in Member States, for example Danish Executive Order No. 681 on food contact paper and board.

3. Developments outside the EU

Northern Ireland in the United Kingdom already applies equivalent PFAS and total fluorine requirements. Switzerland published a legislative proposal on 27 January 2026 that would adopt the same limits, scheduled to apply from 31 December 2027.

Compliance recommendations

1. Carry out a product inventory. Map the food contact packaging you export to Europe, focusing on fluorinated coated paper products and the high-risk categories identified above;

2. Test in tiers. Use total fluorine (TF / TOF) as an initial screening method, and combine it with existing REACH and POPs restrictions to investigate specific PFAS substances, avoiding duplicated effort;

3. Track Member State developments. Pay close attention to markets that have signalled an intention to legislate, such as France and Switzerland, and prepare in advance for possible differences between national lists;

4. Manage exports to Germany specifically. Given that Germany has established both administrative and criminal liability, complete and retain a documented chain of compliance evidence before shipping, so that it can be traced.

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