PFAS are attracting increasing public attention around the world. In Europe, authorities and residents are trying to assert their rights and are taking more and more legal action. This LawFlash provides a legal overview on the regulation of PFAS and associated liability risks in the European Union and Germany.
Perfluorinated and polyfluorinated alkyl substances (PFAS) are a large group of industrial chemicals that do not occur naturally. They are water, heat, and grease repellent as well as very persistent, which is why they are often called “forever chemicals” and have been used for decades in many industrial sectors and consumer products like cookware and clothing.
PFAS’ impact in the environment is a global issue, with these persistent chemicals detected in soil, water, air, and even in remote environments like the Arctic and deep ocean. PFAS can enter the environment through both direct and indirect pathways linked to industrial activities and everyday product use. Examples of direct releases include emissions from PFAS during manufacturing, use of fire-fighting foams at airports and military sites, and the spreading of contaminated sewage sludge on agricultural land. Due to their extreme persistence and mobility, PFAS accumulate in ecosystems and living organisms, contributing to widespread and long-term environmental impacts.
In response to the aforementioned characteristics of PFAS, both the European Union and Germany have adopted comprehensive regulatory measures aimed at minimizing the risks associated with these so-called "forever chemicals."
Regulatory developments at both the EU and national levels reflect a clear commitment to the precautionary principle in chemical management. Through far-reaching restrictions and robust enforcement mechanisms, authorities aim to significantly reduce the release of persistent PFAS compounds into the environment over the long term.
European Union
As part of its chemicals policy, the EU has implemented progressive restrictions on the production and use of certain PFAS, in particular perfluorooctane sulfonic acid and its derivatives (PFOS) and perfluorooctanoic acid (PFOA). Many PFAS have been classified as substances of very high concern (SVHC) under the EU REACH Regulation due to their persistent, bioaccumulative, and toxic properties.
In 2024, a specific restriction targeting undecafluorohexanoic acid (PFHxA), its salts, and related substances was adopted, which implemented restrictions starting in April 2026. Currently, there is also a broader ban on the use of PFAS in consumer products being discussed at the European level. Alongside a full or phased ban, regulators are considering flexible restrictions for industrial sectors where immediate alternatives or substitutes are lacking, such as batteries and semiconductors.
Final opinions are expected by 2025, after which the European Commission will decide on the final PFAS restrictions under REACH (based on the recommendation of the European Chemicals Agency). Its goal remains clear: minimize PFAS emissions to protect health and the environment without hindering vital technologies.
The EU is also increasingly targeting the regulation of PFAS in food and drinking water. The European Food Safety Authority (EFSA) determined certain thresholds for PFAS in food in 2020. According to the EFSA, PFAS mainly can be found in fish, fruit and eggs. Maximum levels have also been incorporated into EU regulation on maximum levels for certain contaminants in food.[1]
In 2021, the EU Drinking Water Directive,[2] which subsequently has to be implemented by the member states of the EU, established binding maximum concentration levels for PFAS in drinking water.
Germany
Germany has implemented the requirements of the EU Drinking Water Directive into national law through a revised version of its Drinking Water Ordinance (Trinkwasserverordnung). The defined threshold values will become legally binding as of January 2026.
In addition, the Chemicals Sanctions Ordinance (Chemikalien-Sanktionsverordnung) was comprehensively revised. The new version, effective January 2025, introduces both administrative and criminal penalties for violations of PFAS-related European provisions. Notably, even negligent breaches of limit values may be subject to criminal prosecution.
The widespread use of PFAS across industrial and consumer products has raised significant environmental and public health concerns. Across the EU, the presence of PFAS in the environment is now recognized as a significant environmental issue. In 2023, a joint investigation identified nearly 21,500 sites across Europe as potentially contaminated due to current or historical industrial activity, in addition to 23,000 already-identified contaminated sites.
Due to their persistence, remediation can be complex and costly: A study estimated the remediation of (only) the EU-wide presence of PFAS to be approximately $17 billion. Remediation is therefore only progressing very slowly; so far, less than 1% of suspected cases regarding the environmental presence of PFAS in Germany have been successfully remediated.
One of such cases involved widespread PFOA contamination of drinking water following the use of fertilizer containing PFAS-contaminated paper sludge.
The costs for remediation measures to date have added up to over 24 million euros. Industry and authorities can learn from the experiences in this case and use the information to prepare for remediating PFAS impacts in the future.
Due to the potential impacts of PFAS on the environment and human health within both German and European Union legal frameworks, entities involved in the manufacture or use of PFAS face multifaceted liability risks. These risks span civil, administrative, environmental, and even criminal law.
Civil and Product Liability
Pursuant to Sections 823 et seq. of the German Civil Code (BGB), companies may be held liable for damages arising from unlawful PFAS emissions that impair protected legal interests such as health, property, or environmental assets. This includes both direct and consequential damages (e.g., agricultural losses, diminution of property value). The Environmental Liability Act (Umwelthaftungsgesetz) specifies a liability for environmental impacts caused by certain installations, regardless of fault or negligence.
Furthermore, under the German Product Liability Act (Produkthaftungsgesetz) and the EU Product Liability Directive,[3] manufacturers bear strict liability for damages caused by defective products containing PFAS—also regardless of fault or negligence. This liability extends to legacy products whose potential risks became apparent only post-distribution.
The EU Representative Actions Directive[4] harmonizes collective action procedures across member states, empowering consumer organizations to seek remedies at national and cross-border levels while maintaining procedural safeguards. It was implemented into German law with the Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz) and may further facilitate collective redress mechanisms in PFAS-related cases.
Criminal and Regulatory Liability
Under the German Criminal Code (Strafgesetzbuch), PFAS-related offenses may constitute environmental crimes, e.g., in the event of unauthorized water and soil contamination. The Chemicals Sanctions Ordinance (Chemikaliensanktionsverordnung), amended in 2025, also provides for administrative fines and criminal penalties in cases of negligent or intentional breach of PFAS-related duties, including exceedance of regulatory thresholds.
Administrative Liability for Remediation
Environmental authorities may issue remedial orders, demand preventive measures, or recover remediation costs under the Federal Soil Protection Act (Bundes-Bodenschutzgesetz) and the Water Resources Act (Wasserhaushaltsgesetz). These obligations may be imposed irrespective of fault and can apply retrospectively to both current and former site operators or landowners.
The EU Environmental Liability Directive,[5] transposed into German law through the Environmental Damage Act (Umweltschadensgesetz), imposes strict liability for significant environmental damage caused by professional activities involving hazardous substances, including PFAS. Operators may be obligated to undertake and finance extensive remediation measures, particularly where protected species, habitats, or water resources are affected.
Over the last several years, environmental impacts of PFAS and their risks have attracted growing public attention. In this context, there has been a significant increase in environmental litigation in Europe and across the globe. In December 2023, Sweden’s Supreme Court ruled that residents exposed to high PFAS levels in drinking water suffered personal injury, entitling them to compensation, regardless of the residents showing sickness. This decision sets a significant precedent for future PFAS-related lawsuits in Europe. Further cases have been decided in Italy, France, and Germany, or are still ongoing.
These cases reflect a broader trend in Europe, where PFAS litigation is gaining momentum, influenced by public awareness and regulatory scrutiny. Further litigation against current and former polluters is likely as the authorities and residents will continue to seek accountability for PFAS-related environmental and health impacts.
The European experience with PFAS highlights the urgent need for comprehensive chemical regulation, transparent risk communication, and long-term environmental remediation. PFAS represent one of the most complex chemical challenges we are currently facing. PFAS-related liabilities under German and EU law are extensive, complex, and evolving. Companies are exposed to significant civil claims, administrative enforcement, remediation obligations, and criminal sanctions.
Given the EU's ongoing regulatory initiatives and the increasing volume of litigation, robust environmental compliance, risk assessment, and legal due diligence are essential for mitigating long-term legal and financial consequences.
Transaction Specialist Paulina Gerling contributed to this LawFlash.
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following:
[1] Commission Regulation (EU) 2023/915
[2] Directive (EU) 2020/2184
[3] Directive (EU) 2024/2853, formerly Directive 85/374/EEC; the German Product Liability Act is currently based on the former Directive and has to be adapted to implement the new Directive as of 9 December 2026.
[4] Directive (EU) 2020/1828
[5] Directive (EU) 2004/35/EC