Per- and polyfluoroalkyl substances (PFAS), often called "forever chemicals," are a group of over 10,000 synthetic compounds known for their resistance to heat, water and oil. These properties have made PFAS valuable in a wide range of products, from firefighting foams (‘AFFFs’) and non-stick cookware to waterproof clothing and food packaging.
However, their chemical stability means PFAS persist in the environment and accumulate in living organisms. There's growing evidence linking PFAS exposure to serious health issues, including cancer, liver damage, immune system disruption, and developmental effects in children. In the UK, PFAS contamination is widespread, with over 10,000 high-risk sites identified, including rivers, drinking water sources and agricultural land.
Current thinking around risks:
The UK Environment Agency has acknowledged the scale of PFAS contamination, estimating that cleanup of high-risk sites could cost between £31 billion and £121 billion. PFAS have been detected in 77% of English river sites at levels exceeding proposed EU safety thresholds. Alarmingly, freshwater fish in England contain PFAS concentrations over 300 times higher than levels deemed safe for aquatic life.
Human exposure is also a growing concern. PFAS have been found in supermarket produce, untreated drinking water and even in the blood of pregnant women. The chemicals’ persistence and bio-accumulative nature mean that even low-level exposure can lead to long-term health consequences.
Legal framework in the UK:
The UK’s regulatory approach to PFAS has historically lagged behind that of the EU and other developed nations. Following Brexit, the UK retained many EU-derived chemical safety laws under REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) but has been slower to update them.
Currently, there are no legally binding limits on PFAS levels in drinking water in England—only guidance from the Drinking Water Inspectorate. In contrast, Scotland has adopted more stringent standards, aligning more closely with EU proposals.
In November 2024, MP Munira Wilson introduced a Private Member’s Bill in Parliament to establish enforceable limits on PFAS in drinking water. While such bills rarely become law without government backing, it marked a significant step in raising political awareness.
In July 2025, a coalition of UK NGOs including Fidra, CHEM Trust and the Marine Conservation Society proposed a roadmap for a universal PFAS restriction, urging the UK to align with the EU’s comprehensive ban on all PFAS under the OECD (Organisation for Economic Co-operation and Development) definition.
International comparisons:
As a global legal practice, when advising our clients on ‘PFAS risks’ it is helpful to present an understanding of the current state of play in other jurisdictions.
Europe:
Our European colleagues tell us that PFAS litigation in Europe is gaining pace, particularly in the Netherlands. Twenty current or historic PFAS manufacturing plants across Europe owned by US companies such as 3M and DuPont are the subject of litigation. Pollution claims have also been brought against water providers, fire departments, and government defence departments that used AFFFs at fire training facilities and military bases.
United States:
Litigation has played a major role in the U.S. PFAS landscape. High-profile lawsuits against chemical manufacturers like 3M and DuPont have resulted in multi-billion-dollar settlements, driving corporate accountability and insurance market responses.
In terms of regulation, the U.S. Environmental Protection Agency (EPA) has taken a more aggressive stance in recent years. In 2023, the EPA proposed enforceable drinking water limits for six PFAS compounds, including PFOA and PFOS, at near-zero levels. The U.S. has also designated certain PFAS as hazardous substances under the Superfund law, enabling federal cleanup and liability enforcement.
Australia:
In the last few years, the Australian government has paid out compensation to landowners, following separate PFAS-related class actions brought arising from AFFFs exposures and land contamination.
Australia has adopted a precautionary approach to regulation, banning the use of certain PFAS in firefighting foams and conducting extensive site investigations, particularly around military bases and airports. The Australian government has also issued national guidance values for PFAS in drinking water and soil.
Canada:
Canada has proposed a broad ban on all PFAS under the Canadian Environmental Protection Act, similar to the EU’s approach. The country has also implemented drinking water guidelines and is investing in research and remediation technologies.
Insurance market response:
The insurance industry is increasingly viewing PFAS as a major emerging risk. In the UK, insurers are reassessing their exposure to PFAS-related liabilities, particularly in sectors like manufacturing, waste management and water utilities.
Some insurers have begun excluding PFAS from general liability and environmental impairment policies, while others are tightening underwriting criteria. The lack of clear regulatory standards in the UK complicates risk assessment, but the direction of travel—towards stricter controls and potential litigation—is prompting insurers to act pre-emptively.
In the U.S., PFAS litigation has already prompted global insurers and reinsurers to factor PFAS into their risk models. The UK market is watching closely, anticipating similar trends as awareness and regulation increase.
The next 12 months: What to expect:
The coming year is likely to be pivotal for PFAS regulation and risk management in the UK. Key developments to watch include:
- Government Response to NGO Proposals: The UK government is under pressure to respond to the July 2025 NGO proposal advocating for a universal PFAS ban. If adopted, this would mark a significant shift in UK chemical policy.
- Legislative Progress: While Munira Wilson’s Private Member’s Bill may not pass, it could influence future government legislation, especially if public and political support grows.
- Regulatory Alignment with the EU: The UK may choose to align with the EU’s upcoming PFAS restrictions to facilitate trade and environmental cooperation, particularly under the 2025 Environmental Improvement Plan.
- Increased Monitoring and Enforcement: Expect more rigorous PFAS testing in water, soil, and food, along with potential enforcement actions against polluters.
- Litigation and Liability: As awareness grows, so too does the potential for legal action. Companies involved in PFAS production or use may face lawsuits, particularly if contamination is linked to health impacts.
- Insurance Adjustments: Insurers will likely continue to refine their PFAS-related exclusions and pricing models, potentially leading to higher premiums or reduced coverage for high-risk sectors.
- Innovation in Remediation: Advances in PFAS destruction and recycling technologies—such as those recently developed by Oxford University researchers—could offer new tools for managing contamination.
Conclusion: PFAS represent one of the most complex and pressing environmental challenges facing the UK today. With widespread contamination, growing health concerns and increasing regulatory scrutiny the next 12 months will be critical in shaping the UK’s response.
Whether through legislative reform, alignment with international standards or market-driven risk management, the UK must act decisively to address the PFAS crisis. The stakes—for public health, environmental integrity, and economic liability—could not be higher.
In the past month, we've been engaged in PFAS-related discussions with clients in the live and legacy insurance markets, with insurance intermediaries, a global accounting practice, a casualty risk modelling business, a UK start up in environmental data management and a representative insurance market body. A common theme in all of these discussions has been about shared thinking and collaboration, in an effort to find a workable solution for our insurance markets and one that best fits the business objectives of each of our clients alongside their respective appetites for risk. If you would like to know more, please do not hesitate to contact us.
