By Jo Mueller, Head of Casualty Risk Consulting, and Dr. Henriette Heine, Senior Claims Manager

Per- and polyfluoroalkyl substances, or PFAS, are colloquially known as “forever chemicals” because they are highly persistent chemicals that do not break down easily. PFAS are used in many consumer and industrial products, and tests have shown that people around the world — and an estimated 98% of the US population — have PFAS present in their blood.^1,2 Research is ongoing, but some studies have suggested a link between PFAS exposure and various human health conditions.

A growing risk for businesses and the insurance industry from these forever chemicals is class-action liability. Litigation is pending in numerous jurisdictions. Amid legal uncertainty related to PFAS, a prudent step for corporate organizations and insurance companies is to discuss their exposures and concerns with expert risk management partners.

The list of items containing PFAS is lengthy and includes consumer products such as nonstick cookware, paints, and sealants; food packaging ranging from grease-resistant paper to microwave popcorn bags, pizza boxes, burger and candy wrappers; fire extinguishing foam used at airports and firefighting training facilities; chrome plating, electronics, certain textiles, and paper goods; fertilizer from wastewater treatment plants; as well as fish caught in PFAS-contaminated waters and dairy products from livestock exposed to the chemicals.³

Human exposure to PFAS occurs primarily through drinking water and food but also through contact with materials where the chemicals are present. Research studies are ongoing on the health effects of PFAS exposure, and some studies have determined a possible connection — not necessarily causation — between exposure and adverse health conditions. The Agency for Toxic Substances and Disease Registry (ATSDR), a division of the US Department of Health and Human Services (HHS), notes that epidemiological research suggests exposure to PFAS may be implicated in conditions that include:⁴

In addition, the ATSDR is studying the presence of PFAS in the environment at nearly 60 sites around the United States.⁵ These sites encompass military bases, airports, water utilities, manufacturing plants, water wells, and multiple locations within cities and municipalities.

The fact is PFAS are pervasive, and human exposure to the chemicals is increasing potential liability risks. Regulatory action and litigation are forces shaping the risk landscape for private-sector businesses and the insurance industry on PFAS. For example, the US Environmental Protection Agency (EPA) in May 2025 indicated it will maintain the maximum contaminant levels for PFAS in drinking water and is seeking to extend the compliance deadline for public water systems to 2031 from the current deadline of 2029.⁶ The European Union has — among other regulatory actions — proposed a far-reaching ban on PFAS, and the states of Minnesota and Colorado are among US jurisdictions that have issued prohibitions and reporting requirements for PFAS in products.

Because PFAS is a global problem, litigation is pending in numerous jurisdictions in the United States, Europe, and around the world. For this reason, monitoring litigation developments in PFAS cases is important, both to understand the judicial reasonings in court rulings and to mitigate liability risks.

One of the most prominent examples of PFAS-related litigation is the multidistrict litigation (MDL) in South Carolina, which is being closely watched by plaintiffs’ attorneys and the insurance industry. In the MDL in the US District Court for the District of South Carolina, the court is coordinating more than 7,500 associated PFAS product liability cases that allege personal injury, a need for medical monitoring, property damage, and other economic losses.⁷ Plaintiffs are water providers and individuals, including firefighters and attorneys general. Within the MDL, some major chemical companies recently settled with water providers (e.g., 3M, DuPont, Tyco, and BASF).

Several large environmental settlements by major chemical manufacturers, including a recent one with the State of New Jersey that is considered to be the largest so far by a single state, have been made on PFAS claims. On August 4, 2025, chemical companies Chemours, DuPont, and Corteva announced they will pay $2.5 billion to New Jersey to fund cleanup of PFAS pollution at four former industrial sites.⁸

In 2018, the State of Minnesota and the 3M Company agreed to an $850 million settlement of a lawsuit alleging 3M’s manufacture of PFAS damaged the drinking water and environment of the Twin Cities metropolitan area. Under the terms of the settlement, more than $700 million will be invested in projects to improve the area’s drinking water and natural resources.⁹

In Europe, the litigation landscape is not yet as dense as it is in the US. However, Sweden’s Supreme Court in 2023 ruled that an elevated PFAS level in human blood constitutes personal injury, even if a person is not manifesting illness. This was one of the first such court findings connecting PFAS with bodily injury.¹⁰ In May 2025, a Northern Italian court ruled that a chemical plant worker’s death in 2014 from renal pelvic cancer was the result of his exposure to PFAS.¹¹

As case law develops on PFAS, the insurance industry and liability policyholders should anticipate that plaintiffs will continue to file litigation involving exposure to forever chemicals. 

PFAS are no longer an emerging risk. Rather, they represent a known and still-developing risk. Unlike prior mass torts, PFAS exposure has not yet led to a signature disease, such as asbestosis or specific cancers.

Amid this uncertainty, organizations can nevertheless take steps to mitigate their exposure to costly litigation and liability. These steps include:

• Discuss exposure and risk concerns with expert partners
• Continue to monitor the science and research on PFAS
• Reduce PFAS in industrial processes and product inventories with alternative materials
• Work collaboratively with risk management partners to find solutions