PFAs – the new asbestos?

As the pressure to regulate, and potentially ban, PFAS substances intensifies in Europe, partners Tim McCaw, Laura Madders, Nathalie Smyth and associate Charlie Whitchurch feature in ESG Risk Review providing their insights on these regulatory advancements and rising litigation trends. They also consider the implications of these developments for industries using PFAs and the insurance sector.

The article explores questions including: 

• Given the focus on PFAs in the US, and the recent call by NGO Pesticide Action Network Europe for a ban in Europe, will we see any moves towards greater regulation (or even a ban) from the EU (or the UK)
• Will French moves to restrict the manufacture and sale of non-essential products containing PFAS succeed? Will this be followed elsewhere?
• Is there likely to be more litigation involving PFAs in Europe?
• Does the Netherlands case (environmental organisations suing the state of the Netherlands over PFAs) suggest there will similar cases from other activist groups?
• Are activists looking at suing companies (rather than states) over PFAs in Europe?
• Will insurers respond with more exclusions or tighter wordings?
• Are PFAs the new asbestos?