Am I Covered If My Business Is Linked to PFAS?

April 17, 2025

More and more commercial insurance policies are starting to exclude coverage for PFAS—also known as ‘forever chemicals.’ As this issue gains national attention, businesses here in the Duluth-Superior region are starting to ask: “What are PFAS, and could they affect my insurance coverage? And am I covered if my business is linked to PFAS? Let’s break down what’s happening, why it matters, and how you can protect your business.

PFAS (Forever Chemicals) Explained:

Risks, Regulations, and Insurance Solutions for Duluth, MN Businesses

Perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” make up a group of over 12,000 synthetic compounds. Manufacturers began using them in products across the United States as early as the 1940s. Found in everything from food packaging to firefighting foam, PFAS don’t break down easily in the environment or the human body, earning their persistent nickname. In the greater Duluth, MN area—home to industries like shipping, tourism, and manufacturing—these chemicals pose unique risks and liabilities for businesses and residents alike.

At Reliable Insurance Agency, we’ve been serving Duluth, Hermantown, Superior, Cloquet, and surrounding communities since 1974, helping businesses navigate emerging risks like PFAS. This article explores what PFAS are, their health and environmental impacts, the latest regulatory and litigation trends, and how businesses in Duluth can protect themselves with tailored insurance solutions. Whether you’re a retailer in Canal Park or a manufacturer in Proctor, understanding PFAS is key to safeguarding your operations.

What Are PFAS and Where Are They Found?

PFAS are man-made chemicals prized for their resistance to heat, water, oil, and stains. This durability has made them a staple in products like:

Food packaging: Grease-resistant wrappers and containers.
Nonstick cookware: Coatings that prevent sticking.
Textiles: Stain- and water-resistant fabrics in clothing and carpeting.
Firefighting foam: Used at places like Duluth International Airport and numerous industrial sites.
Household cleaners: Formulations for stain resistance.
Auto parts: Components that require corrosion resistance.

In Duluth, where Lake Superior and a harsh climate shape daily life, PFAS may also appear in construction materials, plumbing, and waste management systems. However, their persistence—known as bioaccumulation—means they linger in soil, water, and even the human body, raising serious concerns.

Health and Environmental Risks of PFAS

The Environmental Protection Agency (EPA) has extensively studied PFAS, focusing on two types: perfluorooctanoic acid (PFOA) and perfluoro octane sulfonate (PFOS). These “forever chemicals” have been linked to:

Several cancers (e.g., kidney, prostate, testicular)
Reproductive issues (e.g., fertility problems, high blood pressure in pregnancy)
Developmental delays in children (e.g., low birth weight, bone variations)
Immune dysfunction (e.g., reduced vaccine response)
High cholesterol, obesity, and liver damage

Exposure can happen through contaminated drinking water, food, air, or direct contact with PFAS-containing products. In Duluth, with its proximity to Lake Superior and industrial history, water and soil contamination are pressing concerns. The National Health and Nutrition Examination Survey estimates PFAS are present in the blood of 98% of Americans, amplifying the need for awareness in our Northland community. Beyond human health, PFAS harm wildlife and ecosystems. Contaminated water bodies—like those near Two Harbors or Superior, WI—can disrupt aquatic life and biodiversity, impacting the region’s tourism and fishing industries.

Regulatory and Litigation Trends Affecting Duluth Businesses

Federal and state governments are cracking down on PFAS. While PFOA and PFOS manufacturing ceased in the U.S. in 2015 and 2002, respectively, the Biden administration has launched a multi-agency plan to limit PFAS exposure, involving the EPA, FDA, and others. Key efforts include:

National drinking water standards for PFAS.
Designating PFOA and PFOS as hazardous substances under CERCLA (Superfund).
Enhanced reporting under the Toxic Substances Control Act (TSCA).
Restrictions on industrial PFAS discharge.

In Minnesota, state regulations are also tightening. The Minnesota Pollution Control Agency (MPCA) monitors PFAS in groundwater and soil, and nearby states like Wisconsin are following suit. This regulatory shift increases compliance burdens for Duluth-area businesses, from manufacturers along the St. Louis River to retailers using PFAS-coated packaging. Litigation is surging too. Manufacturers like 3M have faced billion-dollar settlements over PFAS-contaminated water, and lawsuits are expanding to include businesses in the supply chain. In Duluth, industries like food service, construction, and waste management could soon face similar scrutiny.

Which Local (Duluth/Superior/Twin Ports) Industries Are Most at Risk?

PFAS risks extend beyond chemical manufacturers. Local businesses that may encounter liability include:

Food service: Restaurants and fast-food outlets using PFAS-laden packaging.
Retail: Stores selling textiles or furniture with PFAS coatings.
Industrial operations: Shipping, automotive, and construction firms near Duluth’s port.
Firefighting: Teams using PFAS-based foam at local facilities.

Even small businesses in Hermantown or Cloquet could be affected if their products or waste contribute to contamination.

Insurance Solutions for PFAS Liability in the Northland

As PFAS regulations evolve, businesses must assess their liability exposure. Standard commercial general liability (CGL) policies often exclude environmental pollutants and are starting to add specific exclusion for PFAS, which may leave gaps in coverage. At Reliable Insurance Agency, we recommend:

Reviewing existing policies and watch for notices from your carrier with changes to your coverage and possible exclusion of PFAS: Consider if you need the coverage or if the exclusion will affect you.
Specialized coverage: Would a standalone Pollution liability insurance policy be a better fit and possibly add coverage for any PFAS risks.
Proactive planning: Work with our Duluth/Superior/Twin Ports -based insurance experts to identify gaps and secure the right protection.

Since PFAS exposure spans decades, older policies might still apply—especially critical for long-established Northland businesses. Contact our business insurance agents or go to www.reliablemn.com to explore your options.

Steps Businesses Can Take Now

To mitigate PFAS risks:

Phase out PFAS-containing products and explore alternatives.
Monitor federal and Minnesota PFAS regulations.
Test operations for PFAS contamination.
Update waste management practices to prevent environmental spread.

Public awareness is growing too. Engaging with the greater Duluth/Superior/Twin Ports community builds trust and shows your commitment to safety.

Why Choose Reliable Insurance Agency?

For over 50 years, Reliable Insurance Agency has been a trusted insurance partner for businesses all across the greater Duluth, Superior, and surrounding Minnesota and Wisconsin region. We offer personalized solutions from our offices in Cloquet, Hermantown, and Superior. We work with top carriers to protect your business from emerging risks like PFAS. Whether you’re a Canal Park retailer, a Proctor factory, an asphalt paving company and beyond, we have a tailored solution to your business insurance needs that works within your budget and business goals.

Get Started Today!

Don’t let PFAS liabilities and/or policy coverage exclusions catch you off guard. Visit www.reliablemn.com, email info@reliablemn.com, or call our team at 218-879-4665 and connect with one of our business insurance agents to review your coverages. Or, jump right in a get a free quote – just click here! Serving Cloquet, Hermantown, Duluth, Proctor, Two Harbors, Superior, and beyond, Reliable Insurance Agency is your local expert in navigating the complex world of PFAS insurance implications. Contact us today and experience the Reliable difference!