Per- and polyfluoroalkyl substances (PFAS) are man-made chemicals that can stay in the environment and in the human body. Recent attention to these substances has resulted in significant public concern and several lawsuits against the product manufacturers that use these chemicals.
About PFAS
PFAS refer to a family of thousands of chemicals that are man-made. They have been in existence since the 1940s and are used in a variety of industrial and commercial applications, including in the following products:
- Water-resistant clothing and shoes
- Nonstick cookware
- Stain-resistant carpeting
- Food packaging
- Polishes
- Paints
- Cleaning products
- Fire-fighting foams
- Electronics
Industries that are most associated with PFAS include chemical manufacturing, energy production, the manufacture of stain-resistant and water-resistant products and waste transportation and disposal.
These chemicals do not break down and can build up over time, potentially causing unhealthy levels of exposure.
Contamination to PFAS
People may be exposed to PFAS in a variety of ways and at different levels. Some potential sources of exposure include:
- Food – The soil and water used to grow food, food packaging containing PFAs and equipment that uses PFAS during the processing of food may result in low levels of exposure.
- Drinking water – In communities where manufacturing companies and companies that use PFAs dump these chemicals into the water supply, drinking water can be contaminated.
- Disposal – Consumer products that contain PFAs such as leather, carpets, paper and non-stick cookware can also cause exposure.
- Firefighting – Oil refineries, airfields or other locations where a fire broke out and firefighting foam was used can also cause exposure.
- Work – Certain occupational settings may impose a greater risk for exposure and a higher level of exposure than others.
Contamination to PFAS can result in serious adverse health consequences, including:
- low infant birth weights
- immune system effects
- thyroid hormone disruption
- cancer
PFAS Lawsuits
Due to public concern regarding the negative consequences of exposure to these chemicals, there has been more attention and litigation regarding them. One case, Leach v. E.I. Du Pont de Nemours & Co., involved approximately 80,000 class members who alleged that the defendants were responsible for contaminating the water supply for a minimum of six public water systems throughout West Virginia and Ohio. The case was filed in 2014. It settled the case for approximately $1 billion.
Other studies have emerged, finding that PFAS have contaminated other water supplies, which has affected approximately 110 million people in the United States. This contamination has resulted in other litigation, such as when the state of Minnesota sued 3M Co. for $5 billion, alleging that the company had damaged the state’s natural resources, water supply and wildlife. This case settled for $850 million. Other governmental entities and private landowners are suing large chemical companies, such as Dow, DuPont, 3M and others.
Another 80 lawsuits – including 60 class actions – have been consolidated into a multidistrict litigation proceeding in South Carolina involving the firefighting foam, Aqueous Film-Forming Foam Concentrates.
Regulation of PFAS
While federal regulation has not yet been implemented for the use of PFAS, several states have begun to regulate the use of these chemicals. States such as California, Michigan, Minnesota and New York have set maximum contaminant levels for certain PFAS in drinking water, limited which PFAS can be used in food packaging and have required fire departments to report whether they are using firefighting foams that contain PFAS.
Help for Your Legal Claim
If you have been injured by dangerous PFAS, it is important that you speak with a qualified product liability lawyer who has the knowledge and skill necessary to handle your claim. An attorney can discuss the potential value of your claim during a free consultation.
