Blog

PFAS Liability in Food Processing: Risk Control and Transfer Methods

Safety Loss Control

Stephen Glazier

Dec 18, 2025

6 minutes

This article is the result of collaboration with Woodruff Sawyer’s Jeanna Madlener and Evan Hessel and our Gallagher colleagues, Cameron Douglass, Steve Kluting, and Tim Thompson.

Insurance company sensitivity and the court of public opinion tend to run hand in hand as it relates to highly publicized exposures. PFAS (per- and polyfluoroalkyl substances), also known as forever chemicals, are no exception to this rule.

Insurance companies monitor cases and costs, considering not only actual awards but also the expense of defending claims tied to PFAS liability. Over the last several years, awards for cases involving PFAS pollution and exposure in drinking water and exposure to firefighting foams have been on the rise. In fact, some state-specific settlements with PFAS producers have eclipsed $1 billion, and one group of water pollution settlements has exceeded $11 billion.

While not likely as costly as the aforementioned cases, other suits related to claims of false advertising linked to PFAS and exposure to PFAS in food and candy wrappers are currently making their way through the courts. Insurers are working to understand their liabilities, and some are asking probing questions to ensure they are not caught unaware of the exposures their insureds have. This trend in litigation has also resulted in some insurers placing PFAS exclusions on general liability, products liability, and pollution liability policies as they look to more tightly manage PFAS liability.

An additional reason to address this exposure relates to the court of public opinion. Reputational and brand risk is significant and potentially unrecoverable if a food processor or manufacturer is found to have exposed consumers to PFAS—whether the company was aware of the PFAS exposure or not.

Recent increases in inquiries from insurers, added exclusions resulting in potential reductions in breadth of coverage, and the need to prevent any type of reputational crisis have resulted in a need to build out specific, written processes. It has also made a careful review of policy language—and specifically PFAS-related exclusions—more important than ever.

Three Ways to Strengthen Your Risk Readiness

We recommend three actions to help increase awareness of your true exposure, prepare you for questions that insurers may ask, and strengthen your ability to respond to reputational risks:

Review the following list of questions that may be asked during your renewal. No list is exhaustive, but this is a good start toward awareness of what those questions may look like. We’ve also provided a downloadable document of these questions for your use.
1. Do any products the company currently manufactures, purchases and resells, or uses in the processing or storage of food contain any form of PFAS or any other subset of these chemicals? Has any of the above been the case in the past?
2. Does the company have in place a formal PFAS identification and testing program with provisions for proactively identifying any PFAS present in the processing or storage of food?
3. Does the company have contracts in place with suppliers that guarantee their products are PFAS-free and indemnify the company related to any PFAS claim associated with the supplier's products?
4. Have all gaskets, conveyors, and cutting surfaces been tested, and are they known to be PFAS-free?
5. Have all boots, aprons, gloves, and other PPE been tested and known to be PFAS-free?
6. Have all lubricants, non-stick surfacing agents, cleaners, and other sprays, greases, and similar substances been tested and proven to be PFAS-free?
7. If the company uses products that have the following characteristics, has third-party testing been done to confirm they do not contain PFAS?
  1. Oil resistant
  2. Stain resistant
  3. Water resistant
  4. Chemical resistant
  5. Heat resistant
  6. Wrinkle resistant
8. Do you use or sell any wrappings to be used with your product or for use in your operations, or sell any wrappings for food? Have they been tested by a third party for the presence of PFAS?
9. Has the company had or is it currently involved in any claims or demands related to the current or past use of PFAS or other forever chemicals?
10. Has the company had or is it currently involved in any workers’ compensation claims or demands related to current or past exposure to PFAS or other forever chemicals in your operations?
11. Has the company had or is it currently involved in any environmental claims or actions related to the release, spill, or other means of release of PFAS?
12. Does the company store or use PFAS in manufacturing or treating processes?
13. Is the company aware of any fires or other events that required the use of PFAS-containing fire-fighting foams (known as aqueous film forming foams, or AFFF)?

Review your policies with your brokerage team, specifically around PFAS exclusions and strategies to maximize coverage.

Develop a mitigation program that works for your company and exposures. Below is an example of a high-level mitigation framework. You should customize it to ensure it fits your organization, your supply chain, and your products.

Starting Point for a PFAS Mitigation Framework

This framework is specific to food processing and manufacturing. It includes a group of basic topics, including a screening process, third-party testing verification, risk transfer considerations, and a step to ensure you have written processes and records in place.

Detection and recordkeeping related to PFAS: Develop vendor and purchased-product screening processes for all materials that come into contact with the end product, including wrappers, processing water sources, and processing equipment (seals, washers, plastic of any kind, lubricants, waterproofing, etc.).
1. Determine acceptable sources for vendor verification of PFAS content. Third-party certified laboratory results would be an example of an acceptable verification.
2. Directly use a certified laboratory for testing and verification where necessary.
Risk transfer for potential PFAS liability: Obtain from suppliers:
1. Verification that tests are negative for PFAS.
2. A “no PFAS content” statement.
3. Favorable PFAS indemnification language in your contracts with suppliers and vendors.
Insurability: Do the following:
1. Keep written records of your formalized PFAS mitigation program and the results received from suppliers and testing to share with insurers.
2. Discuss exposure and coverage options with your brokerage team.

Taking a proactive approach around PFAS exposure can help you prevent direct claims-related losses secondary to unknown PFAS in your processes. It can also help prevent reputational losses, which are much harder to quantify and often larger than direct claims-related losses. Partner with your brokerage team to ensure that the good work you’re doing on this front is communicated to your insurance carrier. This can help secure better coverage and, in some cases, can mean the difference between having and not having coverage.

Download this reference sheet of questions received by food processors from insurance carriers.

Disclaimer: The information contained herein is offered as insurance industry guidance and provided as an overview of current market risks and available coverages and is intended for discussion purposes only. This publication is not intended to offer financial, tax, legal or client-specific insurance or risk management advice. General insurance descriptions contained herein do not include complete Insurance policy definitions, terms, and/or conditions, and should not be relied on for coverage interpretation. Actual insurance policies must always be consulted for full coverage details and analysis. 