What do mascara, menstrual underwear, and outdoor jackets have in common? Manufacturers of all of these products have been sued by consumers because their products contain one of the thousands of man-made chemicals referred to as PFAS (forever chemicals).
There are many other PFAS-containing products on the market, even now. In addition to consumer lawsuits, states rapidly are enacting laws and regulations banning or regulating the manufacture and/or sale of forever chemical-containing products. In this climate, brands will be well-served by determining whether they are manufacturing and selling products containing these chemicals.
PFAS stands for per- and polyfluoroalkyl substances. There are now thousands of these man-made chemicals in existence. They are often referred to as “forever chemicals” because they break down slowly in the environment. They also build up in the body, potentially causing health problems, including cancer.
PFAS are found in numerous and varied consumer products because of their resistance to water, grease, and stains, as well as their non-stick characteristics.
Among the many products in which they may be found are:
PFAS may interfere with the efficacy of vaccines. It should be noted that, to date, human studies have found that exposure is linked or associated with these health outcomes, but the available science has not determined definitively if exposure causes any of the negative impacts.
Exposure to forever chemicals has been linked to several negative health impacts, including:
There are an increasing number of state, federal, and European statutes and regulations regarding products containing PFAS. For example:
The European Union has also established regulations governing the production and use of forever chemicals. Among other things, two PFAS have been identified as persistent organic pollutants (POPs), such that their production and use, as well as placing them in the market, are prohibited.
Additionally, there have been a growing number of lawsuits alleging harm caused by these chemicals. Suits include complaints alleging fraud, misrepresentation, and various business torts for failing to disclose the presence of PFAS in a product or claiming that the product does not contain harmful chemicals. There have also been suits filed by property owners claiming contamination of their water or property due to the improper disposal of forever chemical-containing waste by companies using PFAS in the manufacturing of their products.
Vorys has a group of attorneys who are actively monitoring related regulations and litigation. If you have questions about these or other legal concerns and how they may impact your business, please reach out to Vorys eControl attorney Nina Webb-Lawton.
You may also reach out to the Vorys eControl team directly.
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