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ARTICLE · 12 JUNE 2024

State Law Requiring PFAS Disclosure Leads To Class Action Lawsuit

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A Maine law that required consumer products companies to disclose the presence of "intentionally added" per- and perfluoroalkyl substances in products sold within the state has led to the filing of a consumer class action lawsuit against the disclosing company. Butler & Pai v. BIC USA, INC.

United StatesLitigation, Mediation & Arbitration
Christopher A. Cole
Christopher A. Cole
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A Maine law that required (at least until recently amended) consumer products companies to disclose the presence of "intentionally added" per- and perfluoroalkyl substances (PFAS) in products sold within the state has led to the filing of a consumer class action lawsuit against the disclosing company. Butler & Pai v. BIC USA, INC., No. 4:24-cv-02955 (N.D. Cal.) This lawsuit may be a harbinger of future litigation aimed at companies who must make similar disclosures in order to comply with a growing number of state PFAS disclosure mandates, such as in New York, Washington, Vermont, Connecticut, Colorado, California, Maine, Maryland, Minnesota, Rhode Island and Hawaii. In general, these state laws require companies selling products in the states to disclose if any of those products contain "intentionally added" PFAS. Although the term "intentionally added" remains ambiguous, defenders of these laws have cited alleged benefits to consumer choice – arming consumers with

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