Odds are that businesses involved in any kind of manufacturing or sale of physical products will be impacted by developments in legislation or case law involving per- and polyfluoroalkyl substances (PFAS). This is a matter that calls for close attention from legal professionals working in many of the world’s largest corporations and law firms, as the potential consequences of this legal issue can have wide-ranging effects on business practices and liabilities.
PFAS are a group of human-made chemicals used in a wide variety of industries worldwide since the 1940s. They are found in everyday items such as food packaging, commercial household products, certain types of fire-fighting foams, and the making of water-resistant, stain-resistant, and non-stick products. PFAS are often referred to as “forever chemicals” because they persist and accumulate in humans and the environment, posing threats to human health and ecological systems.
As a result, these substances are becoming the target of increasing legislation and litigation. This development warrants the question of how big an impact these changes will have on businesses. It is crucial for companies involved in their manufacture or use to begin preparing for these legal realities. Evaluating the potential impact on business operations, developing precautionary measures, creating contingency plans, and staying abreast of current and forthcoming legalities are all areas that require serious consideration.
It is recommended that businesses conduct intensive due diligence to understand their exposure to PFAS-related legal risks. Environmental and health impact assessments, scrutiny of supply chains, and examination of product portfolios should be parts of these audits. Additionally, businesses must stay updated on evolving regulations and court decisions. Legal professionals should monitor these changes closely and work with their clients to navigate the complex and evolving legal scenario related to PFAS.
For a comprehensive and detailed look at the potential legal effects of PFAS legislation and litigation, consider reading the in-depth report from Holland & Knight LLP on the same here.