PFAS Under The Spotlight: Regulatory And Litigation Trends For Forever Chemicals

As we have previously examined, businesses face an increasingly complex regulatory landscape and heightened litigation risk on environmental, social, and governance (“ESG”) issues. One area at the forefront of this challenge is litigation related to per- and polyfluoroalkyl substances ("PFAS"), widely used synthetic chemicals under growing scrutiny for their environmental and health impacts.

Historically, PFAS-related litigation has focused on environmental damage and water contamination. However, claims are now being seen which increasingly concern product liability and "greenwashing", reflecting the growth of public concern at the environmental and health effects of PFAS. Companies which currently or historically have used PFAS should pay close attention to these developments, which carry a risk (although not by any means a certainty) of financial and reputational consequences. One important strategy in response will be careful attention to product information and disclosures