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While this was once a niche practice area, PFAS litigation has exploded to encompass manufac-turers, distributors and retailers across nearly every industry.
Since the first lawsuit of its kind was filed in 1999, plaintiff's attorneys have brought thousands of environ-mental and personal injury cases involving per- andpolyfluoroalkyl substances (PFAS), colloquially referred to as "forever chem-icals." While this was once a niche prac-tice area involving claims against a small group of chemical manufacturers, PFAS liti-gation has exploded to encompass manu-facturers, distributors and retailers across nearly every industry. Indeed, data from Bloomberg Law indicates PFAS-related filings have surged from dozens in 2019 to hundreds in 2021 and 2022. Recent court and regulatory activities have brought even more attention to PFAS, promising an expo-nential rise in both the quantity of these lawsuits and the number of companies they will be brought against.
WHAT ARE PFAS?
PFAS are a class of several thousands of synthetic chemicals first invented in the 1940s. The chemicals were prized for their durability and ability to form a film that repels both oil and water. PFAS were utilized in a broad array of industrial and consumer products, including textiles, furniture, cook-ware, food packaging, cosmetics, medical devices, and even in coatings used by the Apollo space program. In short, most prod-ucts and equipment that required resistance to moisture, grease, oil, stains or wrinkles are likely to have at one time used PFAS.
Their insolvency in oil and water makes PFAS so useful, but it also makes these chem-icals extremely slow to break down. It is from this resistance to natural degradation that PFAS derive the name "forever chemicals." Due to their widespread use over many decades, some studies have found traces of these chemicals in soil, water systems and livestock. According to a CDC study, the majority of people tested over the past 20 years have some level of PFAS in their system. The health effects of PFAS exposure are stiff being studied, but plaintiffs contend that increased PFAS levels can interfere with hormones...