Lawsuits regarding per- and polyfluoroalkyl substances (PFAS) – aka “forever chemicals” – could “dwarf anything related to asbestos” and bring potentially “astronomical” costs to defendants, according to lawyer Brian Gross of MG+M The Law Firm.

In February, Gross spoke at a plastic industry conference, urging attendees to “do what you can, while you can, before you get sued,” according to a recording of the event made by a participant and examined by The New York Times.

Several manufacturers, including DuPont and 3M – parent company of 2024 PPAI 100 supplier 3M Promotional Markets – have already faced PFAS-related lawsuits. But the legal challenges are now expanding beyond plastic manufacturers, as companies that use products or materials including PFAS are also in the crosshairs.

“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,” Gross said. “Weed out people and find the right witness to represent your company.”

Cracking Down On PFAS

PFAS is an acronym that describes a type of man-made chemical that has been used in manufacturing and consumer products since the 1940s.

  • Referred to as “forever chemicals” because they sometimes take hundreds or thousands of years to break down, PFAS chemicals have proven to have the potential to cause health risks such as cancer, hypertension, high cholesterol and other issues.

Last month, the Environmental Protection Agency (EPA) announced new regulatory limits on PFAS chemicals in drinking water, which will be accompanied by $1 billion in implementation and hopes to reduce exposure to the chemicals for 100 million people. 

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The EPA’s announcement came in response to a global study published by Nature Geoscience, which revealed a pervasive amount of PFAS chemicals found in groundwater samples with particularly alarming levels of the harmful substance in the United States.

In November, the EPA issued a ruling under the Toxic Substance Control Act that imposes a nearly $50,000-per day penalty for violating PFAS regulations.

  • Reporting PFAS levels will be due in 2025.
  • There is no exception for small businesses or small volume.


Promo Perspective

PPAI Media has repeatedly covered “The Chemical Dilemma” as it pertains to promotional products. Many promo suppliers are in the process of evaluating how to exit PFAS manufacturing in the coming years.

“There’s no industry that creates a product that isn’t impacted by PFAS or other chemical bans and restrictions,” says Elizabeth Wimbush, director of sustainability and responsibility at PPAI. “Digging into what changes will come about with an update to a product should always be part of the research and development process to help account for all scenarios.”

RELATED: Sustainability Vs. Chemical Regulation: Promo Firms Must Toe A Fine Line

The recent global study is indicative of the fact that PFAS chemicals are a problem for which the scope and the cause extends far outside of promo. However, it’s the type of revelation that will likely stir justified fear and action in many policymakers in coming years.

  • Last October, the Product Responsibility Action Group – a PPAI volunteer group – met with U.S. Consumer Product Safety Commission in Washington D.C. to discuss PFAS regulations, among other topics.

Considering uncontaminated water is a crucial necessity to human life, the study frames the problem as all the manufacturing that produces PFAS, eventually leading to its presence in water.

“Pretty much every one of us in the United States is walking around with PFAS in our bodies,” Erik Olson, senior strategic director for environmental health at the Natural Resources Defense Council, told The New York Times. “And we’re being exposed without our knowledge or consent, often by industries that knew how dangerous the chemicals were and failed to disclose that. That’s a formula for really significant liability.”