Per- and polyfluoroalkyl substances (PFAS), sometimes referred to as "forever chemicals," have been used in a wide range of consumer and industrial products for decades. Much of the concern related to PFAS exposure stems from the fact that these chemicals, which number in the thousands, take a great deal of time to break down. Some studies indicate that a significant presence of PFAS in someone’s body might increase the risk of cancer, infertility and other health problems. 

Due to the fact that PFAS are so prevalent in modern society, lawsuits and regulatory actions involving these chemicals cover a wide range of potential sources. For many, there is a concern that a prime cause of PFAS-related health problems stem from contaminated drinking water. This led in 2024 to the first federal rule regarding the presence of certain PFAS in drinking water, setting the limit at four parts per trillion. 

Several cases filed directly against PFAS manufacturers have led to massive settlements, including a payment from 3M of $12.5 billion to public drinking water systems around the United States. Other toxic tort claims have been brought against companies that use PFAS in their products, such as:

  • Nonstick cooking pans — Consumers love the convenience of nonstick pans. The PFAS create the coating that allow people to cook without worrying about foods becoming stuck to their cookware. However, health concerns have led to litigation and advisories to use stainless steel or cast-iron pans. 

  • Firefighting foam — Blazes involving flammable liquids can be extremely difficult to extinguish. Aqueous Film-Forming Foam has been very effective in putting those types of fires out, but the presence of PFAS in the foam has promoted numerous lawsuits from firefighters. 

  • Food packaging — PFAS were used in several types of food packaging prior to a voluntary phase-out in 2024. Many companies, including fast-food chains and popcorn, used the chemicals because they made wrappers and bags resistant to grease. 

Though tying specific PFAS exposure to a particular health condition can be very difficult, product liability and environmental claims related to these substances have proliferated. If you are facing a PFAS claim, the accomplished toxic tort defense attorneys at Pullin, Fowler, Flanagan, Brown & Poe can protect your rights and assess the merits of the plaintiffs’ case. Please call us at 304-344-0100 or contact us online for a consultation. Our headquarters is in Charleston, and we have three other offices to serve clients in West Virginia, Ohio and Kentucky.