For years, PFAS liability mainly affected companies that made the chemicals. That is changing. Plaintiffs and regulators now also pursue businesses that used products containing these so-called forever chemicals. These businesses may face lawsuits and regulatory action. A strong PFAS defense strategy must account for this growing risk.
Businesses that use PFAS products also face greater exposure. AFFF firefighting foam, industrial coatings and some manufacturing materials contain PFAS. Claimants now look beyond PFAS manufacturers. They may also pursue industrial operators and property owners that used, stored or released these chemicals. A business may face a claim even if it never made PFAS.
The EPA’s 2024 drinking water rule added another concern. It set enforceable limits of four parts per trillion for PFOA and PFOS. These limits give regulators a clear standard to use alongside private lawsuits. The EPA has since proposed moving the compliance deadline to 2031. It has also proposed removing limits for four other PFAS. However, the proposed changes would keep the PFOA and PFOS limits in place. These limits continue to affect contamination claims and regulatory reviews.
Still, a PFAS claim does not automatically lead to liability. Claimants must connect the contamination to a specific product and defendant. That can be difficult when PFAS use spans decades and involves many possible sources. Businesses can challenge these links as part of their toxic tort defense.
The rules also vary by state. Pennsylvania, New Jersey, New York, Delaware and West Virginia have different toxic tort standards. They may also have their own PFAS rules in addition to federal requirements. As a result, a business operating in several states may face different rules for similar claims.
Taking action early can help. Preserve purchase records, safety data sheets and disposal records. Track how PFAS-containing materials moved through each facility. Businesses should also consider contacting defense counsel before a claim grows. Statements made early to a claimant or regulator may be difficult to change later.
Businesses and property owners facing PFAS claims may benefit from legal guidance, especially when a case involves complex questions about the source of contamination or multiple defendants. An attorney with experience in toxic tort defense can review the facts, explain the applicable rules and help a business respond to a claim or regulatory inquiry.