Potential Listing of Flame Retardants DBDPE and TBPH in Stockholm Convention on Persistent Organic Pollutants (POPs)

Key Takeaways

What Happened: Norway nominated decabromodiphenyl ethane (DBDPE) and its related substance for listing under the Stockholm Convention. The European Union (EU) nominated bis(2-ethylhexyl) tetrabromophthalate (TBPH). Both nominations seek listings that could lead to the global phaseout in production and use of these flame retardants.

Who’s Impacted: Companies that manufacture, import, process, distribute, or use flame retardants, electronics, electrical equipment, automotive components, construction materials, textiles, wire and cable insulation, polyurethane foam, flexible polyvinyl chloride, or other products that may contain DBDPE or TBPH.

What Companies Should Do: Companies should evaluate supply chain dependencies, identify products and components that may contain DBDPE or TBPH, assess whether any uses may be critical, and determine whether data may support a future exemption request.

What Is the Stockholm Convention and Why Does It Matter?

The Stockholm Convention (the Convention) is a global treaty that seeks to protect human health and the environment from persistent organic pollutants. Listed chemicals can trigger broad global controls, including phaseouts, restrictions, and requirements affecting products and articles that contain listed substances.

The Convention lists chemicals in three annexes. Annex A generally requires parties to eliminate production and use, subject to any specific exemptions. Annex B restricts production and use for specified acceptable purposes or exemptions. Annex C addresses unintentionally produced persistent organic pollutants and requires measures to reduce or eliminate releases.

A party may nominate a chemical for listing in Annex A, B, and/or C. The Convention’s Persistent Organic Pollutant Review Committee (POPRC) then evaluates whether the proposal satisfies the Convention’s screening criteria and, if so, proceeds through a multi-year review process that includes a risk profile, risk management evaluation, and (typically) ultimately recommendation to the Conference of the Parties to list the chemical, with or without exemptions.

What Happened?

Norway has nominated DBDPE and a related brominated substance for listing in Annexes A, B, and/or C. The nomination states that DBDPE is a nonreactive brominated flame-retardant additive used in electrical and electronic equipment, automotive components, building and construction materials, and textiles. The nomination also states that DBDPE production and use have grown over the past decade, largely as replacements for decaBDE, which the Stockholm Convention listed in 2017.

The EU nominated TBPH, including any individual isomers and combinations, for listing in Annexes A, B, and/or C. The nomination describes TBPH as a novel brominated flame retardant and plasticizer used in flexible PVC for wire and cable insulation, rigid polyurethane in the construction sector, and flexible polyurethane in upholstery.

DBDPE: Uses and Current Regulation

DBDPE is used as an additive flame retardant in various materials and finished goods. According to Norway’s nomination, DBDPE is registered under the EU’s Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) regulation and has annual imports of 10,000–100,000 tons. The nomination also cites substantial production or imports in the United States, imports into Canada and Australia, and significant production in China.

Regulatory scrutiny has increased. The nomination states that the EU identified DBDPE as a Substance of Very High Concern in 2025 due to its very persistent, very bioaccumulative properties. It also notes that Canada and Australia have adopted or announced prohibitions with exemptions, while the United States continues to assess the substance under the Toxic Substances Control Act.

TBPH: Uses and Current Regulation

TBPH is used as a nonreactive flame-retardant additive and plasticizer. The EU’s nomination states that TBPH has been marketed as a replacement for certain polybrominated diphenyl ethers and may be used alone or in commercial mixtures.

The EU’s nomination states that TBPH is registered under EU REACH and manufactured or imported into the European Economic Area at 100–1,000 tonnes per year. It also states that TBPH is a high production volume chemical in the United States and that available evidence indicates continued use in some countries, though industry has asserted that many countries no longer produce or use it. The EU added TBPH as an SVHC based on its very persistent, very bioaccumulative properties.

What Happens Next?

At the September 2026 POPRC meeting, the Committee may decide whether the nominations satisfy the Convention’s screening requirements for potential listing. If the POPRC finds that a nomination meets the screening requirements, it may develop a work plan to prepare a draft risk profile.

Although these nominations do not immediately create new legal obligations, companies should treat them as an early warning signal. Stockholm Convention listings often lead to domestic implementing rules in major markets and can affect not only chemical substances but also finished goods, components, replacement parts, recycling streams, and waste management.

It is, however, possible to engage with the POPRC during the listing process, particularly where use-specific exemptions may be warranted.

What Should Companies Do Now?

Companies should consider taking the following steps:

• Map whether DBDPE or TBPH appears in raw materials, components, products, articles, spare parts, packaging, recycled content, or imported finished goods.
• Identify uses that may be difficult to substitute, including safety-critical, performance-critical, or long-life applications.
• Assess whether any use may warrant data collection to support a future exemption request.
• Review existing customer specifications, restricted substance lists, and product stewardship programs to identify potential gaps.
• Track POPRC proceedings and prepare for possible downstream controls in the EU, Canada, Asia-Pacific markets, and other jurisdictions that implement Stockholm Convention listings.

Beveridge & Diamond’s chemicals, products, and international environmental practices help clients assess global chemical restrictions, manage product compliance obligations, engage in international and domestic regulatory processes, and reduce supply chain risk. For more information on this development, please contact the authors.