“It is of the utmost importance that businesses along the whole supply chain in the consumer goods sector evaluate their PFAS risk and fully understand the legal arguments that plaintiffs could make against companies in litigation.”

Abstract: Per- and polyfluoroalkyl substances (PFAS) are a class of over 12,000 man-made compounds. Most people would recognize the brand names Teflon, produced by DuPont, and Scotchgard, produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are also bringing suits against companies for claiming their products and the making of their products are safe and green. This article explains why PFAS are of concern to citizens, media, and legislators; what legal risks they pose to corporations; and the recent surge in consumer fraud litigation. The article examines the legal theories at issue in the PFAS consumer fraud cases, as well as the potential damages that can stem from the cases to corporations.

Questions addressed include:

What do state and federal regulations say about PFAS in drinking water?

If your company doesn’t use the two original types of PFAS, are you at less risk of litigation?

Which industries currently face the most risk of PFAS-related consumer fraud cases?

Are plaintiffs securing significant verdicts in personal injury litigation?