The term forever chemical refers to polyfluoroalkyl and polyfluoroalkyl substances (PFAS). Products containing PFAS are often used for their water and stain-resistant properties.
These substances break down slowly and can accumulate in human tissue. Due to allegations that PFAS exposure can cause adverse health effects, forever chemical-related litigation is on the rise.
Be prepared to defend your business if someone targets you in a claim involving polyfluoroalkyl substances.
Industries with a risk of PFAS litigation
Businesses that manufacture firefighting foams, non-stick cookware, water-repellent fabrics and food packaging may be at risk for these claims. Some large, successful corporations, such as 3M, have already faced numerous lawsuits due to their association with PFAS.
Industries like aerospace, apparel, biotechnology, construction, electronics and pharmaceuticals may be at risk — and even retailers and entities disposing of PFAS-containing products.
Defense strategies to consider
Contrary to common belief, a successful defense against toxic tort claims involving PFAS is possible. Possible strategies include:
- Show lack of causation: Asserting that the plaintiff cannot directly link your business to the exposure.
- Emphasize compliance: Demonstrating your ongoing compliance with industry standards and laws at the time of the exposure.
- Question the evidence: Challenging the plaintiff’s evidence and the reliability and relevance of any scientific data presented.
These strategies may help to absolve your business of liability for any harm caused by the exposure.
Gather your own evidence
You will need evidence to strengthen your defense, such as historical usage records, regulatory compliance documentation and scientific studies challenging causation. Environmental testing results and expert witness testimony can also be crucial in your defense.
It’s important to seek legal guidance. This can help defend your business and protect your reputation.