PFAS and Product Liability: Intentionally vs. Unintentionally Added PFAS

ST. PAUL, MN / ACCESSWIRE / July 20, 2023 / Antea Group consultants Caron Koll and Jack Sheldon collaborated with the American Bar Association (ABA) to give their insights on intentional and unintentional PFAS sources in products and the potential product liability lawsuits that could ensue. The article, titled "Product liability and intentionally-versus unintentionally-added PFAS," was published in the ABA Section of Environment, Energy, and Resources.

Koll and Sheldon share in the article that, "Identifying per- and polyfluoroalkyl substances (PFAS) in products sold in commerce is a challenge. When they are found, however, product liability lawsuits often follow and result in substantial settlements. Three chemical manufacturing companies, Chemours, DuPont, and Corteva, announced on June 2 that they will settle at $1.185 billion that "forever chemicals" were used in manufacturing and then contaminated U.S. public water systems serving a "vast majority" of the country's population. This may only be the beginning, as lawsuits targeting chemical manufacturers and suppliers are expected to increase when perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and potentially seven other PFAS are classified as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)."

They also noted that, "A limited number of manufacturers have voluntarily reported PFAS in their products. Rigorous testing by researchers around the world, including the Organization for Economic Co-operation and Development (OECD) have identified PFAS in many products. However, manufacturers may discover in some instances that PFAS were added unintentionally to their products at some point during their manufacturing, packaging, or storage."

To read the full article written by Jack Sheldon and Caron Koll, visit the American Bar Association website.

About the American Bar Association

The ABA was founded in 1878 on a commitment to set the legal and ethical foundation for the American nation. Today, it exists as a membership organization and stands committed to its mission of defending liberty and pursuing justice. They work tirelessly to uphold the ideals of liberty and justice #ForAll, and to promote the best quality legal education, competence, ethical conduct and professionalism, and pro bono and public service work in the legal profession. They aim to eliminate bias and enhance diversity, serve their members, and increase public understanding of and respect for the rule of law, the legal process, and the role of the legal profession at home and throughout the world.

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About Antea Group

Antea®Group is an environment, health, safety, and sustainability consulting firm. By combining strategic thinking with technical expertise, we do more than effectively solve client challenges; we deliver sustainable results for a better future. We work in partnership with and advise many of the world's most sustainable companies to address ESG-business challenges in a way that fits their pace and unique objectives. Our consultants equip organizations to better understand threats, capture opportunities and find their position of strength. Lastly, we maintain a global perspective on ESG issues through not only our work with multinational clients, but also through our sister organizations in Europe, Asia, and Latin America and as a founding member of the Inogen Alliance.

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SOURCE: Antea Group