PFAS litigation may get more attention in 2026 as more lawsuits challenge the presence of the chemicals in products. PFAS, also known as “forever chemicals,” are used in a variety of consumer goods such as non-stick pans, raincoats, and even food packaging. Since the health risks of PFAS have become more widely known, states have moved to regulate their use. The Washington State Department of Ecology recently adopted a new rule that makes PFAS litigation easier for Plaintiffs. A recent O’Melveny memo discusses the impacts of the new rule:
“Consumers are increasingly drawn to products that pledge they are made without ‘intentionally added PFAS.’ But a newly adopted Washington State rule may turn that assurance into a litigation risk. The rule—one of the most aggressive PFAS regulations in the country—redefines what it means for PFAS to be “intentionally added.” That term will now apply to any product that contains PFAS-adjacent chemicals, regardless of whether PFAS is actually present or intentionally used. As a result, manufacturers and retailers could face regulatory scrutiny or consumer lawsuits even when PFAS is not even present, let alone deliberately used.”
PFAS litigation has struggled to take off in the past, with many cases being dismissed. However, given new state regulations like the ones in Washington, they may see more success moving forward. Companies should be vigilant about PFAS in their products. Often, these chemicals can enter products in unintended and unexpected ways. This may expose companies to unforeseen litigation risks if production is not monitored and products are not properly tested.
Our members can learn more about PFAS here.
Interested in a membership with access to the complete range of benefits and resources? Sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information compiled without the use of AI.
Practical Guidance for Companies, Curated for Clarity.
