One of the most significant concerns for many businesses is their potential exposure to liabilities related to per- and polyfluoroalkyl substances, or PFAS, and that concern appears to be well-founded.
For example, Joshua Kaul, the attorney general of Wisconsin, recently sued 18 manufacturers of PFAS-containing products, alleging injury to Wisconsin's water, property and natural resources. And cosmetics companies have become a recent target for litigation due to their use of PFAS compounds in certain waterproof products, including mascaras.
Almost all business sectors have produced or at least used PFAS-containing products, making them susceptible to environmental cleanup requirements and civil liability given that certain studies have alleged that PFAS compounds may pose significant health risks.
Indeed, there is a belief that PFAS might be the next asbestos, meaning a commonly used harmful substance exposing entire supply chains to liability. Businesses need to be proactive in evaluating their exposure and devise ways of managing their risk.
Excerpted from Law360. To read the full article, click here.
Note: Associate Jordan Chavez and Summer Associate Davis Shugrue* contributed to this article. *Davis is not licensed to practice law.