According to the World Health Organisation (WHO), more than 200,000 people around the world have died from asbestos exposure. This has resulted in tens of thousands of civil compensation claims and many health and safety regulatory prosecutions. It is now feared that claims and prosecutions concerning exposure to PFAS chemicals could dwarf that of asbestos. It is crucial that employers who use PFAS chemicals in their manufacturing or supply of services undertake a risk management exercise and explore alternative substances to avoid potential regulatory investigations, potential prosecution, and civil claims.

What are PFAS chemicals?

PFAS are a large group of synthetic organofluorine chemicals. They have been used widely in consumer and industry products, including firefighting foam, clothing, and cookware since the 1940s. Because the carbon-fluorine bond is strong, PFAS can resist other chemicals and withstand heat. This has led to them being referred to as ‘forever chemicals’.

Latest research shows that there may be a link between PFAS and endometriosis and an increased risk of cancers from tap water and sludge fertilisers containing PFAS. As the dangers of PFAS become more widely known, the risk of health and safety investigations and prosecutions increases. 

What are the current UK PFAS chemicals regulations?

Although awareness around the long term health implications of PFAS chemicals is growing, regulation remains fragmented and sometimes unclear. But all trends point to tighter regulations and even outright banning of these chemicals in the future.

The UK’s post-Brexit Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH) regime covers PFAS. Administered by the Health and Safety Executive (HSE), UK Reach applies across the UK except Northern Ireland which falls under EU REACH. The key principles of the EU REACH Regulation were retained in UK REACH.

UK REACH can covers most chemical substances that are manufactured in or imported to England, Wales, and Scotland.

According to the HSE, the aims of UK REACH are to:

  • Protect human health and the environment from the use of chemicals.
  • Place responsibility for understanding and managing the risks associated with the use of chemicals on those who deliver chemicals to the market (manufacturers and importers).
  • Promote the use of alternative methods for the assessment of the hazardous properties of substances – for example quantitative structure-activity relationships (QSAR).

What are organisations required to do under UK REACH?

Before you manufacture a substance or place it on the market, you must undertake a risk assessment to identify and manage any dangers to human health. You need to show how the chemical can be safely used and ensure people understand the associated risks.

It is also a requirement to check your supply chain and your role regarding managing the risk of PFAS chemicals.

In cases where the risks of a substance cannot be managed, the HSE can restrict or ban it. Currently, PFOA and its salts; and perfluorinated silane are restricted.

Several PFAS have been included on the UK REACH Candidate List of substances of very high concern (SVHC). This can lead to the use of a registered substance to be banned from use after a certain date.

Can an organisation be prosecuted under the General Product Safety Regulations (GPSR) 2005?

Under the GPSR 2005, manufacturers and other supply chain actors must ensure that only safe products are placed on the market. Breaching the GPSR is a criminal offence, with the only defence available being that your organisation undertook due diligence to ensure the product in question was safe for consumers.

As knowledge of the dangers of PFAS chemicals and evidence of exposure-related harm to humans grows, organisations may find it more difficult to place products containing PFAS on the market due to the increased risk of prosecution.

Final words

The use of PFAS chemicals is becoming riskier every day, with civil claims concerning contaminated water having been launched in Europe and the UK. In April 2025, the Environmental Audit Committee has announced a major inquiry into PFAS contamination, aiming to analyse the current regulatory system to see whether it is equipped to manage the rising risks these chemicals pose to public health and the food supply chain.

If you currently use PFAS chemicals in your manufacturing or supply chain, it is crucial to act now and consider your risk under what is likely to be an inevitable new regulatory regime.

Tanveer Qureshi has a robust track record of successfully defending companies being investigated or prosecuted for health and safety breaches. If you require legal representation, please get in touch with Tanveer directly at tqureshi@libertaschambers.com or via his Chambers, Libertas Chambers on ​020 7036 02000.

Author bio

Tanveer Qureshi specialises in general crime, white-collar crime, and regulatory investigations and prosecutions. He has over 20 years’ experience and is passionate about ensuring his clients get results and achieve justice. When not pouring over case briefs, Tanveer gets up at 4.30am to get his gym workout done and is a committed motorsports fan.