PFAS Litigation To Safeguard The Food Industry

Assessing Risks, Litigation, and Protecting Consumers Amid PFAS Concerns

Per- and polyfluoroalkyl substances (PFAS) have emerged as a pressing concern for the food industry, triggering a cascade of regulatory actions, enforcement measures, and litigation risks. Since their widespread use began in the 1940s, PFAS have infiltrated various sectors, raising alarms due to their persistence, bioaccumulation, and potential health effects. While federal agencies like the Food and Drug Administration (FDA) grapple with regulatory responses, states and plaintiffs’ lawyers are actively pursuing litigation, targeting food manufacturers and suppliers in a bid to hold them accountable for PFAS contamination.

FDA’s actions in addressing PFAS in the food industry have been relatively restrained, with few enforcement actions beyond recalls of PFAS-contaminated seafood in July 2022. Despite limited regulatory intervention, FDA has issued guidance and conducted surveys to monitor PFAS levels in food products, emphasizing the need for vigilance and preventive measures. As concerns mount, companies must stay attuned to FDA’s evolving stance on PFAS and proactively manage their exposure to regulatory risks.

Amid the evolving regulatory landscape, PFAS-related litigation is gaining momentum, with consumer fraud class actions targeting food products, cosmetics, and consumer goods. Plaintiffs allege that products labeled as “natural” or “organic” contain detectable levels of PFAS, misleading consumers and posing health risks. While courts have varied in their rulings on PFAS-related claims, dismissing some cases while allowing others to proceed, the threat of litigation looms large for the food industry.

For individuals harmed by PFAS-contaminated products, pursuing legal recourse through product liability lawsuits offers a path to justice and compensation. Victims may seek damages for medical expenses, lost wages, and pain and suffering, holding manufacturers accountable for their negligence. However, navigating the legal process requires expertise and advocacy, underscoring the importance of retaining experienced attorneys to represent their interests effectively.

As PFAS litigation and regulatory scrutiny intensify, the food industry will need to remain proactive in addressing contamination risks and safeguarding consumer health. By staying informed, implementing robust risk management strategies, and seeking legal counsel when needed, companies can mitigate litigation risks and uphold their commitment to product safety and integrity.