Last week, the New York Attorney General filed a major case against 3M, Chemours, Corteva, and DuPont. The Complaint alleges that these companies knowingly sold toxic chemicals and promoted their use in downstream products. Those chemicals are, of course, per- and polyfluoroalkyl substances (PFAS). The complaint alleges:
“Long after they knew their PFAS were toxic, defendants manufactured
and sold these compounds for use in consumer products – including personal, family, and household products like Stainmaster carpets, Scotchgard stain-repellent sprays, grease-resistant coatings for food packaging, cosmetics, and personal care items – that defendants knew would be sold, used, and disposed of in New York, thereby exposing people to PFAS and releasing PFAS into New York’s environment.”
PFAS have been the latest environmental hazard to spawn a wave of litigation as plaintiffs around the country sue over harmful exposure. Thus far, cases have primarily targeted companies responsible for manufacturing and marketing the chemicals. However, these “forever chemicals” are now ubiquitous. They are found in soil and water samples the world over, and do not break down under natural conditions. Many companies market products that unintentionally contain PFAS without their knowledge due to contamination in their supply chains. A time may come when these companies are also held liable for selling products containing the chemicals. If your company manufactures and sells any physical products, especially those that may be hazardous to human health, it may be wise to test for PFAS exposure sooner rather than waiting on potential plaintiffs to uncover it first.
Our members can learn more about PFAS laws and litigation here.
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