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ARTICLE · 17 OCTOBER 2023

How Companies Can Audit Insurance Policies To Determine PFAS Coverage

Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis.

United StatesEnvironment

Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets the food industry.1On the federallevel, the Environmental Protection Agency issued a final rulerestricting the use of certain long-chain PFAS in food packaging. The same is true in PFAS litigation—the plaintiffs' bar has asserted PFAS-based fraud and misrepresentation claims against a number of food and beverage manufacturers and packagers.

This is the tip of the iceberg when it comes to PFAS liability as litigation and regulations are just starting to gain momentum. More is certainly to come. As companies brace for the true impact of PFAS on their bottom lines, what can they do today to mitigate risk tomorrow?

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