Lawyers to Plastics Makers: Prepare for ‘Astronomical’ PFAS Lawsuits

By Hiroko Tabuchi | The New York Times | May 28, 2024

Read the full article by Hiroko Tabuchi (The New York Times)

"The defense lawyer minced no words as he addressed a room full of plastic-industry executives. Prepare for a wave of lawsuits with potentially “astronomical” costs. Speaking at a conference earlier this year, the lawyer, Brian Gross, said the coming litigation could “dwarf anything related to asbestos,” one of the most sprawling corporate-liability battles in United States history.

Mr. Gross was referring to PFAS, the “forever chemicals” that have emerged as one of the major pollution issues of our time. Used for decades in countless everyday objects — cosmetics, takeout containers, frying pans — PFAS have been linked to serious health risks including cancer. Last month the federal government said several types of PFAS must be removed from the drinking water of hundreds of millions of Americans.

“Do what you can, while you can, before you get sued,” Mr. Gross said at the February session, according to a recording of the event made by a participant and examined by The New York Times. “Review any marketing materials or other communications that you’ve had with your customers, with your suppliers, see whether there’s anything in those documents that’s problematic to your defense,” he said. “Weed out people and find the right witness to represent your company.”