Prop 65 & Non-Prop 65 PFAS Testing

Just when you thought PFAS testing couldn't get more complicated....

There are generally two types of analyses for PFAS: (1) an analysis to detect and quantify the presence of specific PFAS, typically around 40 compounds (and varies lab to lab); and (2) an analysis measuring just the presence of fluorine confirming PFAS is present without identifying the specific one(s). Which one you use depends on whether it is a Prop 65 case – and in some cases you may need to test under both methods for the same product.

PFAS TESTING IN PROPOSITION 65 CASES

Regulatory programs which restrict or evaluate exposure/health risk of specific PFAS, like Proposition 65, use analytical methods that are capable of identifying and quantifying the specific PFAS at issue. This information is needed by the plaintiff to demonstrate exposure to the listed PFAS and defendants need this data to demonstrate the presence of the listed PFAS alleged to be present in the product does not pose a