Perfluoroalkyl and polyfluoroalkyl substances, better known as PFAS, are a family of synthetic chemicals that are heat-, water-, oil-, and grease-resistant and reduce friction. They are deemed “forever chemicals” because they do not easily break down and accumulate over time in the environment and in the human body. Found in everyday products such as food packaging; stain-, water- and grease-resistant materials; and nonstick cookware, as well as being present on virtually all military bases and airports, the prevalence of PFAS, combined with the public’s heightened awareness and the attention of the plaintiffs’ bar, makes manufacturers and distributors of these products, as well as entities involved in waste disposal, prime targets for litigation and regulation. Indeed, PFAS litigation is exploding in courts all around the United States, including a multidistrict litigation in South Carolina with more than 5,000 pending cases alone.
Studies have found PFAS is in 99 percent of Americans’ bodies. These findings, coupled with the escalating volume of costly litigation and newly enacted and more stringent EPA and state regulations, present a threat to a wide array of sectors, including aviation, apparel, automotive, building/construction, chemical, consumer products, electronics, energy, healthcare, oil and gas, paper/pulp, pharmaceuticals and hospitals, plastics, semiconductors, textiles, and leather.
At the forefront of the scientific, legal, and regulatory developments involving PFAS, Akerman regularly works with clients to analyze and evaluate PFAS liabilities and exposures. We help clients prevent future claims through identification, assessment, and mitigation of risks, as well as ensuring compliance with all applicable government and regulatory standards.