"Forever Chemicals": PFAS Update On Issues Of Concern To Businesses

Washington, D.C. (October 20, 2025) - Per- and polyfluoroalkyl substances (PFAS), often referred to as "forever chemicals" because of their persistence in the environment, are attracting increased attention from federal and state regulators, private litigants, and parties contemplating business transactions. But with a huge variety of PFAS compounds in play and an uncoordinated pattern of regulatory requirements, the legal framework in this area is complicated, presenting significant challenges for many market participants.

Background and Current Legal Landscape

PFAS are a group of 3,000 to 10,000 synthetic, fluorine-containing chemical compounds that have long been valued for their water-, grease-, heat-resistant, and other properties in a number of everyday consumer and industrial products. Introduced in the 1940s, concerns about adverse effects of PFAS on human health and the environment have become a major issue in more recent years, although uncertainties remain. EPA's website notes that "there are thousands of different PFAS, some of which have been more widely used and studied than others," and "research is ongoing to determine how exposure to different PFAS can lead to a variety of health effects."

EPA has moved to regulate several PFAS compounds in certain uses, releases, drinking water, and land sites, and more regulatory efforts are in the planning stage. Meanwhile, states throughout the country have adopted differing regulations or guidance on PFAS in drinking, surface, and groundwater, soil, air, fish and wildlife, biosolids, and products; the product restrictions range from disclosure requirements to outright bans, and can trigger burdensome supply chain accountability obligations. (See a recent report from the Environmental Council of the States for a compendium of these requirements.) And litigation surrounding PFAS is also on the rise, featuring legal claims of personal injury, property damage, negligence, negligent infliction of emotional distress, nuisance, trespass, and abnormally dangerous activity/strict liability against manufacturers of PFAS chemicals and downstream products. Other litigation focuses on claims that products are "PFAS-free," prompting actions under false advertising, fraud, and consumer protection laws. (For more information, see this Lewis Brisbois article on PFAS litigation).

Deals as An Area of Concern

This exceptionally fraught and evolving environment is creating heightened risks for businesses in multiple contexts, but one area that has received relatively less attention is the impact on business deals. Evidence suggests that awareness of PFAS risk exposure is not yet routine in diligence efforts involving mergers and acquisitions, and businesses need to be aware of the potential for intense scrutiny of these issues. Proactive consideration of PFAS regulations, litigation, and related risks in transactions under consideration can inform evaluation of financial risk and potential mitigation strategies.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.