PFAS Mislabeling Consumer Class Actions On The Rise In 2023

KEY TAKEAWAY:

• There will likely be increased attention on the presence of per- and polyfluorinated substances (PFAS) in consumer goods in 2023, and companies claiming that their products are safe, natural, or sustainable may be at risk for litigation.

Readers of Winston & Strawn blogs know that PFAS are not new (see our Law Glossary definition for further background). According to Bloomberg Law, more than 6,400 PFAS-related lawsuits have been filed since 2005.¹ Lately, however, PFAS have increasingly captured headlines, and there has been a marked increase in consumer protection litigation related to PFAS across the United States.

Trends indicate that litigation in this space is only just heating up, and that manufacturers and retailers of everyday household products and consumer goods could face a PFAS class action lawsuit in the near future.