Who Qualifies to File a PFAS Product Lawsuit?
As a consumer you expect that companies that manufacture, market and sell products to end-users will properly test these products for toxic contaminants and fully disclose these findings to the public. That is not always the case, however, and many companies have been targets of Greenwashing and PFAS lawsuits as a result.
If a company is found negligent in failing to warn consumers about a toxin in their product, they may be held accountable. Plaintiffs have sued companies for a failure to disclose the use and presence of organic fluorine and per- and polyfluoroalkyl substances. Plaintiffs can seek compensation, and punitive damages are being sought by attorneys to ensure a safer marketplace in the future.
At The Lyon Firm, we have two decades of experience representing clients impacted by toxic or mislabeled consumer products. We understand the complexity of product liability law, and we can guide you through the class action process and assume all financial risks involved with the case. If you are interested in aggressive representation and compassionate guidance throughout the claims process, call (513) 381-2333 to schedule a free consultation and arrange an evaluation of your case.
Recent PFAS Product Lawsuit Settlements and Verdicts
In the last few years, the filing of PFAS lawsuits has accelerated, as have consumer concerns with so many products on the shelves containing potentially harmful chemicals. Legal action has been taken against a wide range of industrial conglomerates, large retailers, personal care companies and other companies that manufactured, used, and financially profited from PFAS in consumer products.
DuPont and 3M have taken the lion’s share of PFAS attention in the last five years. Over 15,000 claims have been filed against Dupont and 3M due to adverse health effects related to exposure to the “forever chemicals” in a number of their products. The companies have settled many of these claims.
PFAS in Food Packaging
Independent studies have found that some Food packaging contains PFAS, mostly in paper and cardboard wrappers for fast food and bakery goods. Hershey has been named in a PFAS lawsuit when a lab found that packaging of several of its chocolate products contained a substantial amount of the compound. Plaintiffs argue that the product does not disclose anywhere on its packaging that the Hershey products contain or have a real risk of containing PFAS. A similar lawsuit filed in California names Burger King as a defendant after a third-party study found PFAS in their food wrappers.
PFAS in Bandages
A few large class action lawsuits were filed against Johnson & Johnson, CVS and Walgreens when studies discovered that several brands of their adhesive bandages contained PFAS chemicals.
PFAS in Electronics
Samsung and Apple are both facing proposed class actions in California alleging that the companies misled consumers about PFAS in their smartwatches. Plaintiffs have said repeatedly that they pay a premium for such items, and not only should the materials be safe to wear, but the companies should be transparent about what their products are comprised of. Many name brands have already announced the removal of toxic chemicals from their product lines, but some still remain.
PFAS in Waterproofing
Waterproof jackets and clothing have been marketed as safe and environmentally friendly by many companies in the outdoor and sporting sector. There may be exceptions, however. As a result , the State of Maryland has sued Gore-Tex over harmful chemicals in the company’s waterproof materials. These suits filed by PFAS lawyers allege consumer fraud as many corporations have vowed to phase out any harmful forever chemicals from their product lines. The complaints allege that the manufacturer of Gore-Tex fabric falsely markets its product as environmentally friendly, despite its waterproofing containing toxic per- and polyfluoroalkyl substances.
Gore-Tex has been a huge seller, notably a leading breathable waterproofing product used in outdoor gear, footwear, rain jackets, snow gear and waterproof shoes. The Gore-Tex lawsuit brings forth claims of unfair competition, violations of consumer protection acts, unfair trade practices and fraudulent concealment.
PFAS in Carpeting
It’s not only individual plaintiffs taking legal action, but also businesses that say they have been misled by their suppliers. Mohawk Industries, for example, one of the largest carpet companies, has reportedly sued 3M and other chemical manufacturers, alleging that they, “concealed and misrepresented material information regarding the environmental and health risks of PFAS chemicals.”
PFAS in Cosmetics
Consumers have long questioned what all the ingredients are in their shampoo bottle. Well, the answer may not surprise you. There are some potential forever chemicals in your home cleaning products, shampoo, lip gloss, cosmetics, makeup and other personal care products.
L’Oreal, CoverGirl, Shiseido, and Burt’s Bees have been sued with plaintiffs alleging that the companies concealed the fact that harmful chemicals were used in the products they marketed as safe and eco-friendly.
