A Brief Primer On PFAS Litigation: Trends And Future Disputes

Companies at every level of the stream of commerce now face exposure to PFAS litigation. PFAS started out only as an issue for the chemical companies that created it, but like an uncoiling snake, it now bites anyone in its path. Whereas once litigation was aimed solely at chemical companies that created PFAS, it now threatens downstream manufacturers who incorporate PFAS into products and, increasingly, retailers of those products (even a grocery store chain) and entities using—now, even those disposing of PFAS items—face potential risk. With more PFAS—related suits and regulatory activity in sight, companies are wise to take stock of the overall litigation environment and assess their potential legal risks before they find themselves embroiled in these suits. To that end, this article provides a high-level primer on the status of PFAS litigation, its trends, and where it is headed in the very near future.