Which Came First, The Standard Or The Suit?

This article was originally posted in the April 2020 issue of the IADC Toxic and Hazardous Substances Litigation Committee Newsletter.

Introduction

Lawsuits claiming damages from the class of chemicals known as per- and poly-fluorinated alkyl substances ("PFAS"), just as the substances themselves, are everywhere. Many of these suits, filed by states, municipalities, and individuals, target the primary chemical producers or the second-line manufacturers that utilized PFAS-containing materials in their products, and claim that exposure has put them at higher risk for illness or caused environmental damage. For many years PFAS chemicals were considered safe and effective for firefighting, stain-proofing, and many other applications. Even though now portrayed as a certain and significant health hazard by PFAS plaintiffs, the reality is that science has not yet determined how much or how often exposure to PFAS may cause negative impacts to human health and the