PFAS: A Growing Wave Of Litigation

In the legal thriller Dark Waters, an erstwhile corporate defense attorney battles a company accused of dumping a then-obscure chemical called PFOA in a small town, where it kills scores of livestock and causes cancer and other disease in residents. The film's David and Goliath story ends when, after years of litigation, the company settles the cases for an eye-popping $671 million.

But PFOA (perfluorooctanoic acid) is not just the stuff of Hollywood. It is a real substance belonging to a class of thousands of chemicals known as PFAS (per- and polyfluoroalkyl substances), used in the United States and around the world for decades in countless products ranging from outdoor gear and electronics to food packaging and cosmetics. Litigation over PFAS has exploded in recent years as the potential health risks of certain PFAS are more closely scrutinized, testing methods improve, and regulatory interest grows.¹Bloomberg Law has reported that at least 50 lawsuits