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Prediction: France: The US Environmental Protection Agency is taking far-reaching measures on PFAS

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Prediction

PFAS is currently a hot topic worldwide, worrying both society as a whole and the insurance industry in particular. As the underlying litigation expands around the world, regulations evolve in parallel. In the US, federal agencies are continuing to initiate PFAS regulatory actions that will pose compliance challenges. The US Environmental Protection Agency (EPA) intends to require all manufacturers of PFAS since 2011 to provide information on PFAS-containing products as of July 2025. The EPA is also proposing greater access to data on over 100 PFAS chemicals, and information will be added to the Toxics Release Inventory (TRI), aiming to increase transparency and public awareness. This will address growing concerns about the environmental and health issues linked to these chemicals. The risks posed by these changes to companies that manufactured or sold PFAS-containing products is clear. With the increased litigation risk comes the increased need to secure insurance cover, where much will turn on the specific facts and language of the policies at issue.