On April 22, 2024, the European Commission issued “Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals”—guidelines that could influence existing and developing laws in the U.S. The guidelines provide criteria for determining whether use of a harmful substance is an essential use—namely, if (1) that use is necessary for health or safety or is critical for the functioning of society, and (2) there are no acceptable alternatives. 

The guidelines recognize that the concept of essential use only has legal effect when introduced into specific legislation and are focused on providing guidance for EU legislation. However, as a number of states—including California, Maine, and Minnesota—are already considering or applying the similar concept of currently unavoidable uses as an exemption to restrictions on products that include PFAS, the European Commission’s guidelines may have influence beyond the EU. The European Commission’s guidelines can be found here.