PFAS “Forever Chemicals” Litigation

Sbaiti & Company is committed to holding corporations accountable for endangering public health and the environment.

Per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals”, are linked to countless health problems including cancer, reproductive issues, and thyroid dysfunction. Found in everyday products, PFAS can contaminate drinking water and soil, posing significant risks to human health and the environment. Litigation against manufacturers of PFAS and products containing PFAS seeks to recover damages and secure compensation for the cleanup and restoration of polluted areas caused by forever chemicals.

PFAS are man-made, long-lasting synthetic chemicals that take decades to break down. Around 12,000 different types of PFAS chemicals are used in consumer, commercial, and industrial products. Types of PFAS include:

• Perfluorooctanoic acid (PFOA)
• Perfluorooctanesulfonic acid (PFOS)
• Perfluorononanoic acid (PFNA)
• Perfluorohexanesulfonic acid (PFHxS)
• Perfluoroheptanoic acid (PFHpA)
• Pexafluoropropylene oxide dimer acid (GenX)

Although certain types of PFAS, such as Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS), have been phased out of commercial products, others are frequently used as substitutes for PFOA and PFOS and can still be found in the environment and everyday products, including:

• Fire extinguishers
• Cleaning products
• Water-resistant fabrics (such as rain jackets, umbrellas and tents)
• Grease-resistant paper
• Nonstick cookware
• Personal care products (shampoo, dental floss, nail polish, and cosmetics)
• Stain-resistant coatings used on carpets, upholstery, and other fabrics
• Food packaging material (pizza boxes, microwave popcorn bags, and take-out containers)
• Heat resistant plastic containers

In 2024, the U.S. established the first national limit on PFAS levels in drinking water. The rule requires water utilities to filter out five types of “forever chemicals”: PFOA and PFOS, which have a limit of 4 parts per trillion, and PFNA, PFHxS, and GenX, which have a limit of 10 parts per trillion. For context, one part per trillion equals a single drop of water in 20 Olympic-sized swimming pools. The rule also limits mixtures containing two or more of the following chemicals: PFNA, PFHxS, PFBS, and GenX. The Environmental Protection Agency (EPA) implemented these rules to reduce health risks, particularly in areas with high PFAS contamination, such as industrial plants, airports, and military bases.

Exposure to PFAS is linked to several serious health conditions, as many of these chemicals can accumulate in organs over time. Health risks include (but are not limited to):

• Kidney cancer
• Testicular cancer
• Pancreatic cancer
• Liver damage
• Kidney damage and failure
• Intestinal damage
• Thyroid and metabolic disorders
• Reproductive issues
• Child developmental effects
• Immune system suppression
• Increased cholesterol levels

Manufacturers of PFAS and products containing PFAS are facing a wave of lawsuits brought by state and municipal agencies, school districts, and other groups due to contamination linked to PFAS. These lawsuits seek to address and remove contamination caused by PFAS chemicals, which have polluted drinking water, groundwater, soil, and other natural resources. The goal is to clean up the environment by eliminating these harmful pollutants.

Companies named in PFAS lawsuits include:

• 3M Company
• Buckeye Fire Equipment Company
• Chemguard, Inc.
• The Chemours Company
• The Chemours Company FC, LLC
• Corteva, Inc.
• DuPont de Nemours, Inc.
• du Pont de Nemours and Company
• Kidde-Fenwal, Inc.
• National Foam, Inc.
• Tyco Fire Products L.P.

Typical plaintiffs in PFAS litigation include individuals, municipalities, school districts, states, and organizations affected by contamination, including those who were exposed to PFAS through contaminated drinking water and soil. Plaintiffs may choose to pursue litigation for a variety of reasons, including (but not limited to):

• Individuals: Health complications linked to PFAS exposure.
• State and Local Governments: Recovery of costs associated with environmental cleanup and public health.
• Environmental Groups: Recovery of damages for pollution and enforcement of environmental regulations.
• Businesses: Direct PFAS exposure or negative impacts on operations and property values due to PFAS contamination.

Sbaiti & Company, a boutique law firm with offices in Texas and New Jersey, focuses on significant mass tort litigation and appeals. Our team comprises seasoned lawyers who have previously practiced at larger firms but now prefer the agility and personalized service that a boutique environment offers. Based in Dallas, our reach extends nationally and internationally, allowing us to serve clients effectively wherever they may be.

Clients choose Sbaiti & Company because of our track record of success and dedication to delivering tailored legal strategies. With experience representing plaintiffs across various areas, we offer a comprehensive understanding of complex litigation dynamics. Whether stepping in to resolve contentious matters, navigating trials, or handling post-trial appeals, our team is committed to achieving favorable outcomes for our clients. We prioritize clear communication, rapid responses to client concerns, and meticulous research and analysis, ensuring that our legal counsel is informed, strategic, and aligned with our clients’ objectives.

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2017 Olsen et. Al. Per- and polyfluoroalkyl substances (PFAS) in American Red Cross adult blood donors, 2000–2015 (3M sponsored study)
https://www.epa.gov/pfas/key-epa-actions-address-pfas
https://www.epa.gov/pfas/pfas-explained