PFAS litigation to gather momentum in Europe and worldwide

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) litigation will continue to gather momentum this year with an increased focus on claims outside the US, not least in Europe, warns international insurance law firm DAC Beachcroft. Litigation in the US has led to states such as California already taking measures to ban PFAS use in textiles and cosmetics. But the recent €571m settlement between US conglomerate 3M and the Belgian government highlights that large scale actions are now as likely outside the US, said DAC. In the 3M case, the Flemish government ordered the US firm to halt PFAS production at Zwijndrecht, Antwerp, in October 2021 because of contamination levels. The deal ended an ongoing dispute between the two sides, although 3M remains responsible for any damages to human health that may arise from contamination in the future, according to the Flemish authorities. PFAS are commonly referred to as ‘forever chemicals’ because they are extremely persistent in the environment. According to the European Chemicals Agency (ECHA), certain PFASs are toxic for reproduction, several may be carcinogenic and some are suspected of interfering with the human endocrine system. DAC Beachcroft is clear that there will more PFAS-related litigation in Europe and worldwide. The firm noted that locations including the Rhône valley in France and the Veneto region in Italy are known examples where regulatory PFAS thresholds have been breached. The ECHA is seeking a ban on the use of PFAS in fire-fighting foam. But a group of 103 NGOs called for a total ban on PFAS in EU member states in October, taking the discussion much wider. DAC Beachcroft expects further legal action against corporations using PFAS. “The 3M settlement covered environmental remediation costs but not possible personal injuries sustained by the local population. Such claims may be forthcoming, particularly as research into the risk of PFAS exposure continues and the Belgian government is pursuing an environmental criminal investigation into the PFAS leak,” it said. “We expect to see the 3M settlement kickstart a wave of litigation similar to that seen in the US during the past decade (following the high-profile lawsuits against DuPont and 3M). If the pattern follows the US, we can also expect litigation targeting PFAS manufacturers before attention turns downstream to companies using PFAS, such as cosmetics businesses,” added DAC Beachcroft. So far the EC only supports a ban on PFAS in fire-fighting foam. But the door is clearly open for wider action at legislative and regulatory level. “PFAS are extremely persistent in the environment. Their production and use has resulted in severe contamination of soil, water and food and harmful exposure to humans. The commission has outlined a comprehensive set of actions to address both the use of PFAS and the contamination they cause in the environment. To prevent further contamination, the actions aim to ensure in particular that the use of PFAS is phased out in the EU, unless it is proven essential for society,” says the EC on its website.

PFAS litigation to gather momentum in Europe and worldwide

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