PFAS false advertising class actions: A growing threat across industries

By J. Randall Boyer and Sheppard, Mullin | The National Law Review | March 12, 2026

Read the full article by J. Randall Boyer and Sheppard, Mullin (The National Law Review)

"Per- and polyfluoroalkyl substances—commonly known as PFAS—have become one of the most fertile grounds for class action litigation in the United States. What began as a focused wave of environmental contamination suits has evolved into a broad and aggressive campaign of false advertising class actions targeting manufacturers and retailers across virtually every consumer-facing industry. Companies that market their products as “natural,” “healthy,” “sustainable,” or “safe” now face serious litigation exposure—even when PFAS were never deliberately added to their products at all.

Understanding the scope of this trend, and what companies can do about it, is essential for any business operating in today's regulatory and litigation environment.

A Wave Sweeping Every Industry

As the use of PFAS has grown, PFAS class actions have expanded well beyond their origins in firefighting foam and industrial contamination. In the clothing sector, outdoor retailer REI, Gore-Tex manufacturer W.L. Gore & Associates, and women’s underwear brands Thinx and Knix have been sued for use of PFAS in their clothing while marketing them as environmentally friendly or sustainable. Fast-food giants McDonald's and Burger King, Hershey’s, as well as cosmetics companies like Burt's Bees and L'Oréal, have all faced similar suits."