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Industry Lawyers Warn PFAS Lawsuits May Exceed Asbestos Damages

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The looming wave of lawsuits related to PFAS, the “forever chemicals” that have infiltrated countless everyday products, is set to rock the plastic industry to its core. Defense lawyer Brian Gross minced no words as he warned plastic-industry executives of the potentially “astronomical” costs they may face in the coming litigation.

PFAS, used for decades in items like cosmetics, takeout containers, and frying pans, have been linked to serious health risks, including cancer. The federal government recently mandated the removal of several types of PFAS from the drinking water of millions of Americans, signaling a growing concern over the widespread contamination.

Mr. Gross’s stark warning at a conference earlier this year has sent shockwaves through the industry, urging companies to review their communications and prepare for legal battles ahead. With PFAS chemicals detected almost everywhere, from drinking water to Antarctic snow, the scope of potential lawsuits is vast.

Already, manufacturers like DuPont, Chemours, and 3M have faced legal action related to PFAS, with significant settlements being reached. The Biden administration has taken steps to regulate PFAS, further fueling the legal battle as water utilities and local communities seek compensation for cleanup costs.

Experts predict that the PFAS-related litigation is just beginning, with a wide range of companies that use PFAS in their products coming under scrutiny. The potential liability is significant, given the widespread exposure to PFAS and the failure of some industries to disclose the dangers of these chemicals.

As the legal storm gathers momentum, individuals like Sandy Wynn-Stelt, who have suffered health consequences from PFAS exposure, are seeking justice through lawsuits against companies like Wolverine and 3M. The industry’s response, including phasing out certain PFAS chemicals and finding substitutes, reflects a shift in how these chemicals are managed.

The road ahead promises a long and difficult cleanup, with billions of dollars allocated to address PFAS contamination. As the legal battle intensifies, the plastic industry faces a reckoning over its use of PFAS and the potential health risks associated with these “forever chemicals.”

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