May 26, 2023

US strategies may shift in PFAS-related deceptive marketing litigation

Chemical Watch

A February court ruling throwing out a PFAS false labelling lawsuit may have plaintiffs seeking new tactics in PFAS litigation, a litigator focused on such issues has said.

Cases alleging mislabelling over the presence of per-and poly fluoroalkylsubstances in consumer product shave grown over the years. Companies have seen a flurry of consumer deception lawsuits seeking damages for purchases of apparel, food packaging, personal care items and more marketed using environmental claims such as "non-toxic" or "sustainable" but allegedly containing the persistent chemicals.

Paul Benson, partner at law firm Michael Best, said he thinks economic and health-related "injury claims resulting from PFASs exposure in food and other contexts" will continue to increase in the near future. "That's going to be a fairly significant body of litigation going forward," he said.

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