Legal Focus: PFAS litigation risks mount as EU claims rise

By Nathalie Smyth Half and Charlie Whitchurch | Kennedy's Law | November 23, 2023

Read the full article by Nathalie Smyth Half and Charlie Whitchurch (Kennedy's Law)

"Consumers are becoming increasingly prepared to hold large corporations accountable for their actions. A recent rise in PFAS-related claims led in the EU has raised questions as to whether the UK can expect to face similar litigation.

"Growing concerns about the potential environmental and health risks linked to perfluoroalkyl and polyfluoroalkyl (PFAS) substances has led to an increase in lawsuits globally, particularly in the US where thousands of PFAS-related civil lawsuits have been filed.

A recent, notable rise in claims filed in the EU is now raising questions as to whether the UK can expect to face PFAS litigation.

PFAS, which are found in a variety of products including cosmetics, cookware and firefighting foam, are commonly referred to as “forever chemicals” because of their persistent environmental presence, with some reported to take more than 1,000 years to degrade.

In the US, claims – including class actions – have been filed against household names in the chemicals, beverage and cosmetics industries for losses alleged to have been caused by the presence of PFAS within their products and packaging. Compensation is often claimed in respect of personal injury and medical monitoring costs based on exposure to PFAS."