Pervasive “forever chemicals” known as PFAS are triggering new lawsuits, hinting at a potential litigation quagmire for insurers and manufacturers.
“The plaintiffs bar and consumers are becoming more aware of the risks that PFAS pose,” said Alex Potente, partner at law firm Clyde & Co.
“I think the science is becoming better understood and there have been much more aggressive actions by state and federal regulators to recognize and identify PFAS as a contaminant of concern. So, those are… giving rise to more litigation.”
PFAS are a large chemical family of over 10,000 highly persistent chemicals that don't occur in nature. Several studies have linked PFAS to cancer, high cholesterol, thyroid disease, liver damage, asthma, allergies, and reduced vaccine response in children. PFAS has also been linked with decreased fertility, newborn deaths, low birth weight, birth defects, and delayed development.
It's been an issue worldwide for the past few months. A large sample of European drinking water has detected a substance linked to PFAS, a coalition of non-governmental organizations reported. PAN Europe has called for urgent interventions to address this "political failure", starting with a "rapid ban" on PFAS pesticides.
In America, Pennsylvania proposed a ban on the use of forever chemicals in a variety of products. The proposed House Bill 2238 hasn't been passed yet, but it hopes to outlaw PFAS chemicals in cleaning products, carpets, cookware, cosmetics, dental floss, food packaging, infant and children's products, menstrual products, textiles, and more, by 2027.
In April, a new lawsuit filed by public drinking water systems in California against manufacturers of toxic "forever chemicals" is among the first to cite new Biden administration regulations that set strict limits for the chemicals in drinking water.
Legal experts say the lawsuit could be an example of how drinking water systems could use the court regulations to their advantage. This is because the rule creates an ambiguous standard for what the accepted level of PFAS is in drinking water.
