PFAS Law

PFAS Legal Counseling

PFAS (per- and polyfluoroalkyl substances), also known as “forever chemicals” are found in everything from carpets, clothing, cosmetics, and food packaging to paints, plastics, electronics, ski wax, and beyond. While little is known and even less proven about their negative effects on human health, state and federal legislators — facing enormous pressure from constituents — have ramped up legislation and regulation of their use in consumer and industrial products.

Our skilled team of attorneys, with support from our in-house organic chemistry consultant, is helping clients understand and adapt to this evolving landscape of PFAS use in consumer and industrial products, including the implications of the Forever Chemical Regulation and Accountability Act (FCRAA) and similar state-level legislation.

In April, 2024, two congressional Democrats introduced the FCRAA in the House and Senate. The bill aims to eliminate all “non-essential” uses of PFAS with a 10-year deadline. While the bill would be the first national legislation aimed at PFAS, several states have introduced similar legislation over the past few years.

Of note are recent laws passed in Minnesota and Maine prohibiting intentionally added PFAS under their own timelines, setting deadlines in 2032 and 2030. Other legislation is still in the works. California has two bills addressing PFAS currently making their way through the legislature. We reported on the two California bills in a recent client alert available here. Two forms of PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), are listed under California’s Proposition 65 as carcinogens and reproductive toxins, requiring that businesses that sell products containing detectable levels of PFOA or PFOS in California use clear and reasonable warnings to alert consumers of these potential adverse effects.

Our Comprehensive PFAS Services

Our PFAS team is advising clients on a range of issues:

• Regulatory Compliance: Assisting with adherence to new and existing PFAS regulations, ensuring your business stays compliant.
• Detection & Testing: Guiding clients through the complexities of PFAS detection in consumer products, keeping abreast of the latest testing methods and standards.
• Litigation: Representing clients in PFAS-related disputes, providing robust defense and strategic advice.
• Risk Management: Developing strategies to manage potential legal risks involved in PFAS use and regulation.

Determining the presence of PFAS in consumer products is challenging. There is no single laboratory test for all PFAS, and just a few recognized tests for a small number of individual PFAS. One test specified by regulators examines Total Organic Fluorine (TOF) content, but that can overstate the true PFAS content by including organic fluorine compounds that are not PFAS and require at least two separate tests. The standards organization ASTM International is currently wrestling with these issues and preparing a Standard Guide for selecting appropriate test methods for determining PFAS in consumer products.

PFAS Litigation

Litigation over PFAS is also on the rise. In 2023, lawsuits against manufacturers related to PFAS in public water systems culminated in settlements totaling $11 billion, followed by an award of $956 million in legal fees to the plaintiffs’ attorneys. Lawsuits against consumer product manufacturers for alleged PFAS in their products have recently gained traction as well. 

For example, in 2023, a class action was filed against celebrity-owned Prime Hydration alleging the company’s energy drink contains PFAS. Similar allegations have been brought in class action suits against other beverages: Coca-Cola’s “Simply Tropical” juice, Bolthouse Farms “Green Goodness smoothies, and some Biosteel sports drinks. View our complete archive of PFAS analysis.

How We Support Your Business

To assist our clients, we focus on providing:

• Timely updates on PFAS regulations and litigation trends, keeping you informed and prepared.
• Strategic responses to new legislation, helping your business adapt and stay ahead.
• Guidance on risk management strategies related to PFAS use and litigation, ensuring your business is protected.
• Ongoing legal and scientific support and consultation as the PFAS regulatory landscape continues to evolve.