Brown & Riding | …And a side of Per and Polyfluoroalkyls, Please

Perfluoroalkyls and Polyfluoroalkyls Substances (PFAS) have received a lot of attention from the press and regulators in recent months. PFAS are defined as fluorinated substances containing at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached) with a few noted exceptions.¹ PFAS have also become known as “forever chemicals” because they can last thousands of years and don’t break down in the environment or the bodies of living creatures. So, once ingested, they stick around seemingly forever. Research has shown these chemicals are progressively causing more complicated issues.

Most of us who don’t work in industrial settings feel insulated from the potential effects of this “forever” chemical because we don’t worry about being exposed with our office jobs and houses in the suburbs well away from industrial areas in our towns. However, our comfort levels exist more out of our own naivety. PFAS-containing materials are all around us. In this article, we will explore everyday products used in our homes and daily lives that may contain this “forever” chemical and the potential health effects of these materials. We will then close with suggestions of how everyday people can reduce their exposure to these materials to reduce their risk of exposure and adverse effects.

Let’s look around the home and see where PFAS-containing chemicals may be lurking. First, we’ll look under the kitchen sink. There we find glass cleaner, surface cleaner, furniture polish, rinse agents, and air fresheners. These materials are designed to keep our mirrors clean, countertops shiny, dishes spot-free, and our homes smelling fresh. However, achieving those results requires a PFAS-containing material as a key ingredient. PFAS makes glass and surface cleaners work better and longer. They prevent soil and grime while providing easy-to-clean and anti-smudge properties.

On the other hand, air fresheners, potentially create PFAS-containing chemicals by mixing with ozone in the air. These chemicals are known as secondary pollutants derived from various volatile organic compounds (VOCs) such as formaldehyde, acetaldehyde, acetone, and other chemicals used to produce air fresheners. And just like glass cleaners, surface cleaners, and rinse agents, the addition or potential creation of these forever chemicals is to make them work better and meet consumers’ expectations.

Well, geez! Under the kitchen sink was pretty scary! Next, let’s go somewhere in the house that is safe. How about we go to the bathroom closet and see what’s there? It must be better than under the kitchen sink, right? Well, maybe not. Let’s start with the beautiful, shiny nail polish. Yep, it too contains PFAS chemicals. Those are the materials that make your nails smooth and shiny by improving the texture and consistency of the polish itself. But as we look closer into our bathroom closet, we find hazards at every turn. Lipsticks, eyeshadows, moisturizers, shampoos, dental floss, and eye makeup can all contain Polyfluoroalkyl substances. These forever chemicals help to condition and smooth skin and hair, making them appear shiny. So yes, beautiful hair just may have a price.

The good news is that in 2022 Congress passed The Modernization of Cosmetics Regulation Act and within that Act, the FDA has been charged with assessing the use of PFAS in cosmetics and their health effects. As of March 2022, there are 35 PFAS ingredients to avoid in your health and beauty products. These ingredients can be found in 578 cosmetic product formulations.² I guess our investigation of the bathroom closet was a bit more dangerous than anticipated, but maybe we will at least be safe looking in our refrigerator. The refrigerator will be a bit trickier than you’d think. A Dartmouth-led study reported in the journal Exposure and Health says diets high in seafood may increase a person’s exposure to PFAS. After measuring 26 varieties of seafood, lobster and shrimp had the highest levels of PFAS followed by fish, with the biggest determining factor being whether the seafood lived on the sea bottom or higher.³

In addition to seafood, PFAS are used to create grease-resistant paper so foods like butter, microwave popcorn, and ice cream don’t bleed through their cardboard containers. In addition, PFAS can be used to keep grease from permeating pizza boxes and other fast-food containers.⁴

The good news is that manufacturers are working hard to remove these forever chemicals from our food supply. Recent data from the USFDA found that 97% of the processed foods tested did not contain PFAS. Additionally, progress is being made to address our exposure to PFAS, including the recent first-ever federal drinking water standards for these materials.⁵ Any progress made is encouraging.

So why is identifying how and what products expose us to PFAS important? Recent studies have shown that most Americans have some level of PFAS in their bloodstream. Between the aforementioned products, water proofers on our carpets, furniture, and clothing fabrics, non-stick cookware, and waxes for cars and skis, we all have and will be exposed to PFAS-containing materials.

The emerging health impact research is pointing to PFAS impacting higher cholesterol levels, vaccine response, thyroid disease, cancers, high blood pressure, and lower birth weights. In addition, animal studies indicate that PFAS-containing materials may also impact the immune system and the liver. In the end, forever chemicals can potentially leave humankind with a legacy of disease and illness. There is still significant research to be done and a far greater understanding of the health impacts to be developed. But for now, caution and being an empowered consumer is your best defense.

Being an empowered consumer means looking for the US EPA’s Safer Choice Program symbol on household cleaning products. Items such as hand soaps and lotions may also carry the US EPA’s Safer Choice Program symbol. Choose dental floss that uses natural wax and only buy fast food where items are packaged in containers marked with the Biodegradable Products Institute (BPI) or Compost Manufacturing Alliance (CMA) symbol to identify them as PFAS-free. Investigate your favorite seafood to find out its typical PFAS content, and most importantly, read food and packaging labels. And finally, this is by far the worst but extremely effective preventative measure you can take to protect yourself and your family: vacuuming (with a HEPA filter vacuum) and dusting will help you capture dust and particulates that may be PFAS-containing so that it does not end up in the lungs of yourself or your loved ones.

PFAS is just one example of emerging environmental risks that are becoming important for agents and brokers to pay attention to for their clients. Environmental liabilities are the only liabilities where a company can do everything right based on today’s knowledge and regulations but still be held accountable for their actions later. The insurance industry’s response to the risks associated with PFAS has largely been to implement exclusions, thereby limiting coverage for claims related to these substances. Our team is dedicated to helping clients navigate this complex landscape. We will work to understand the specific risks they face and advocate on their behalf to negotiate potential coverage options, ensuring they are better protected against the impact of PFAS-related incidents.

Doing the right thing at the time is not a defense when it comes to environmental issues. This is why the Environmental Practice Group at Brown & Riding devotes so much time and effort to keeping abreast of these issues. It is essential for agents and brokers to discuss both today’s and tomorrow’s environmental risks with clients and be an active participant in developing solutions for clients as the environmental risk environment changes.

The impact of PFAS extends beyond risks for consumers. In my next article, I’ll explore commercial and industrial risks related to PFAS exposure.

Reflection Questions for Agents

Does my client have this risk?
How are we addressing the risk?
Have we discussed PFAS exposures and the implications to their business especially from a products liability perspective?

If the answer to these questions is no, it is time to act. If you don’t feel comfortable going it alone on this issue, we are here to help.

About the Author

Jeffrey Hubbard, Principal, Senior Vice President, has over 30 years of environmental underwriting and brokerage experience. He serves as Brown & Riding’s Energy & Environmental Practice Leader and is known for his ability to tackle tough accounts. Jeffrey is a two-time Insurance Business America Top Specialist Broker (2018 and 2021), a regular presenter at IRMI conferences, and has been the insurance editor for Brownfield News.

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…And a Side of Per and Polyfluoroalkyls, Please

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Jeffrey Hubbard

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