The legal landscape is currently witnessing a massive shift as the battle against harmful products takes center stage. One such fight that has garnered significant attention involves Per- and Polyfluoroalkyl Substances (PFAS), a class of chemicals found in a vast array of everyday items. The lawsuits connected to these substances have become a point of interest in the legal world, potentially setting a precedent for future litigation.

PFAS, also known as "forever chemicals" due to their persistence in the environment, are found in thousands of products ranging from food packaging, clothing, cosmetics, contact lenses, wall paint, to cookware. These chemicals pose significant health risks, including decreased fertility, high blood pressure in pregnant people, increased risk of certain cancers, developmental delays and low birthweight in children, hormonal disruption, high cholesterol, and reduced effectiveness of the immune system.

The major manufacturers of PFAS in the U.S., DuPont and its spinoffs Chemours and Corteva, and 3M, have faced a multitude of lawsuits. Currently, there are more than 15,000 claims filed nationwide against these companies. So far, they have paid a total of nearly $11.5 billion in damages for PFAS contamination.

The scale of these lawsuits draws parallels with the historic Big Tobacco settlement of the 1990s. The tobacco industry had to pay more than $200 billion in damages, a figure that the PFAS cases could potentially exceed given the ubiquitous presence of these chemicals.

“None of us even knew we were being exposed to these chemicals. We were all being involuntarily contaminated, so it’s potentially much larger in scope and scale [than the tobacco settlement.]” says Rob Bilott, an environmental lawyer who has been working on PFAS cases for over 25 years.

A noteworthy aspect of this legal battle lies in the long history of deception by the chemical companies. Internal documents suggest that these companies knew about the dangers of PFAS as early as the 1960s but did not disclose this information. This lack of transparency has resulted in a significant amount of civil liability for the manufacturers.

The current wave of PFAS lawsuits is only the beginning. There are still numerous public water systems and potentially millions of individuals who could file suits in the future. The litigation process for these cases is likely to be complex and time-consuming, involving multidistrict litigation (MDL) in which similar suits are consolidated for trial before a single judge in a single court.

The unfolding legal battle against harmful products, notably PFAS, indicates a shift in litigation. It highlights the need for transparency from manufacturers and underlines the importance of regulatory oversight in ensuring public safety. It also signals a potential paradigm shift in how we approach accountability for harmful products in the future.

As we move forward, the role of the legal system in holding corporations accountable for the health and environmental impacts of their products will undoubtedly continue to evolve. The PFAS lawsuits serve as a stark reminder of the power of litigation in driving corporate responsibility and safeguarding public health.

The fight against harmful products is far from over. It is a battle that will continue to shape the legal landscape, prompting us to reassess our relationship with the products we use daily and the companies that manufacture them.

While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.