Toxic Torts and Legacy Exposures

Key developments in 2024

As predicted in last year's review, PFAS/ forever chemicals continued to dominate the toxic tort stage during 2024, with litigation rapidly expanding outside of the USA.  Although PFAS claims are not "new" (starting in the early 2000s and recently producing some multi-billion-dollar water remediation related settlements), claims outside the USA are still at a comparatively early stage.  Public awareness of both the ubiquitous and persistent nature of the chemicals and the allegedly harmful effects of exposure, continues to rise. 

2024 saw an uptick in PFAS litigation in Europe concerning the alleged contamination of water courses and land adjacent to manufacturing plants.  This follows cases already brought in Sweden, Belgium and the Netherlands against the main chemicals manufacturers, DuPont and 3M.  In France, manufacturers Arkema and Daikin face claims for PFAS pollution of the Rhone Valley, including water courses, air and soil.  In addition to the costs of clean-up of pollutants, compensation is being claimed for personal injury and diminution of value in property/ loss of livelihood, due to the presence of elevated levels of PFAS chemicals in soil (e.g. preventing agriculture).  Claims have also been intimated against the German government in relation to alleged PFAS groundwater contamination originating from the US/NATO airbase Spangdahlem in Germany.

In a significant development for the UK, at the end of 2024, Leigh Day & Co and Mishcon de Reya announced that they intend to bring claims on behalf of residents living in Bentham, North Yorkshire, against fire-fighting foam manufacturer, Angus Fire.  This is in relation to alleged groundwater pollution caused by PFAS chemicals which are reportedly 55,000 higher than the government recommended "safe" levels.  Leigh Day & Co are also reportedly investigating potential claims against AGC Chemicals, whose operations in Lancashire have allegedly caused the release of PFOA. 

Whilst the vast majority of PFAS litigation has focused on the main two long-chain PFAS chemicals, PFOA and PFOS, there are thought to be over 12,000 chemicals within the PFAS "family".  Indeed, Chemours face litigation in the Netherlands concerning both PFOA and GenX discharges.  Consequently, as other PFAS chemicals increasingly come under the spotlight, we can expect the remit of litigation (including the specific chemicals and industries which use them in their products) to expand. 

As regards claims in supply chains, at the end of 2024, a US based carpet manufacturer brought a claim against three chemical manufacturers who supplied them with PFAS chemicals whilst allegedly knowing of the deleterious effects of exposure and the specialised technology required to remove PFAS from the environment.  This is an interesting development in what will be a long-running set of cases between upstream and downstream manufacturers.

We have also seen consumer protection claims against companies alleging deceptive marketing practices, on the basis that products are marketed as "safe" and "organic".  2024 saw a putative class action filed against Health-Ade in relation to its kombucha products, for example. 

In a similar vein to climate change cases regarding "duty to defend", claims by US insureds against insurers seeking indemnity for defence costs are also gathering pace. 

Regulations for the use of PFAS chemicals remain in their infancy.  The US Environmental Protection Agency has set water limits at 4 parts per trillion (ppt) for PFOS and PFOA (previously at 70ppt) and has also introduced limits of 10ppt for other compounds, including PFNA, PfHxS and HFPO dimer acid (the short chain, "Gen X" PFAS chemicals).  However, there are calls for more radical regulations and wider bans on the use of PFAS, particularly in the face of the vast costs associated with remediating water courses and upgrading water systems.  At present, there is a proposed bill "Poly and Perfluorinated Alkyl Substances (Guidance)" being considered by the UK parliament.  Scientists have expressed concern over PFAS levels in sewage and the lack of requirements for sewage companies to monitor PFAS and limit its levels in water supplies. 

What to expect in 2025

PFAS litigation will continue to expand during 2025 – both internationally and in terms of governments, local authorities and industries being targeted.  In the US, the bellwether trials for personal injury claims brought by firefighters are scheduled to take place, although it remains to be seen if the parties will reach a settlement beforehand.  These "test cases" are significant for the development of causation arguments in PFAS injury cases.   

In Europe, we can expect further claims concerning PFAS contamination, personal injury and property damage.  We await the development of the PFAS pollution claims in the English courts, including how the claims will be brought, i.e. whether as individual claims or via a group claim mechanism, by reference to statutory nuisance and other arguments.

Explore Annual Insurance Review 2025