UK inquiry into PFAS regulation highlights legal exposure

A parliamentary inquiry into per- and polyfluoroalkyl substances (PFAS) is drawing attention to gaps in the UK’s chemical regulation and increasing the likelihood of legal claims against companies that manufacture or supply PFAS-containing products.

According to Pinsent Masons, businesses using PFAS face a growing risk of litigation due to the limited scope of current UK regulations.

PFAS are used in a wide range of products, including firefighting foams, food packaging, electronics, textiles and cleaning chemicals.

The Environmental Audit Committee is examining whether the UK’s regulatory regime—known as UK REACH—is sufficient.

The Committee will compare the UK’s approach with international frameworks such as those in the EU and US.

It has also opened a call for submissions on whether a precautionary or risk-based approach to PFAS regulation should be adopted, with a deadline of 26 May 2025.

Regulatory lag behind EU and US raises litigation concerns

Katie Hancock, a legal expert at Pinsent Masons, said that regulatory divergence from the EU following Brexit has heightened legal exposure for UK businesses dealing with PFAS.

Hancock said: “We have already seen how PFAS litigation is growing in other parts of the world, with a ‘class action’ claim against Apple in the US perhaps the latest high-profile example in the area of popular consumer goods.”

Hancock also noted that the perception of weaker UK regulation could attract more legal challenges, regardless of compliance with domestic rules.

She cited a judicial review that was brought—though ultimately unsuccessful—against the Environment Agency’s handling of PFAS oversight as an example of mounting legal interest.

Firefighting foam ban signals regulatory movement

Current UK regulations place minimal restrictions on PFAS.

However, from July 2025, the use of Perfluorooctanoic Acid (PFOA) in firefighting foams will be banned.

OHEAP Fire and Security stated that the change “will not affect many units at all as the chemical that is being banned hasn’t been used for more than 10 years.”

The Health and Safety Executive (HSE) is assessing additional restrictions on wide dispersive uses, including coatings and cleaning agents.

It is also examining consumer goods that may release PFAS into air, water or soil.

Agricultural sector highlighted as at-risk area for PFAS claims

According to Hancock, agriculture is another sector where PFAS litigation may emerge.

She said outdated laws governing the use of sewage sludge on farmland could expose suppliers to legal challenges.

“There is a risk that land owners could raise claims against sludge suppliers in relation to PFAS content in the sludge,” Hancock said.

She referenced examples from the US, where such claims have been pursued, and from Germany, where a compensation fund was set up in 1998 to address damage linked to agricultural use of sewage sludge.

Hancock said: “Industry in the UK would benefit from further guidance from government and regulators on this topic.”

PFAS litigation risks in UK: Legal challenges grow for businesses amid regulatory scrutiny: Summary

The Environmental Audit Committee in the UK has launched an inquiry into PFAS use and regulation.

The inquiry will examine the current UK regulatory framework, including UK REACH, and compare it with standards in the EU and US.

Legal expert Katie Hancock from Pinsent Masons warned that regulatory gaps since Brexit have increased litigation risks for UK businesses using PFAS.

A forthcoming ban on PFOA in firefighting foams takes effect in July 2025.

The HSE is also reviewing further PFAS restrictions.

Legal risks have also been identified in the agricultural sector, where outdated sludge regulations could lead to PFAS-related claims.

A judicial review against the Environment Agency has already shown an increased legal focus on PFAS in the UK.

The Committee is accepting industry submissions until 26 May 2025.