Legal Resources
DNA Software Meets the Daubert Standard According to the Third Circuit and Adds to the List of New Technologies Being Used at Trial
In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is...
Third-Party Lab Testing and the New Wave of Consumer Product Litigation: What Manufacturers Need to Know
A common thread connects a growing number of consumer product class actions filed over the past two years: in nearly every case, the lawsuit traces back to a test result generated by an outside laboratory or consumer advocacy organization. Adhesive bandages alleged to...
Hardwick PFAS Case and Potential Class of 11 Million People Is Back
We previously wrote several articles on the Hardwick v. 3M case that originated in Ohio state court and found its way to the Sixth Circuit Court of Appeals for interlocutory review. In the lawsuit, plaintiff Hardwick alleges that PFAS was absorbed into his...
Court Rebuffs EPA Efforts To Stay PFAS Drinking Water Legal Challenge
We have previously detailed the EPA’s efforts under the Biden Administration to regulate certain types of PFAS under the Safe Drinking Water Act (SDWA). In short, PFOA and PFOS would have a Maximum Contaminant Level of 4 ppt, and PFHxS, PFNA, HFPO-DA and certain...
PFAS Warning Labels On Consumer Goods – New Mexico Leads the Way
During 2025, the New Mexico Legislature passed the PFAS Protection Act (HB 212) that aimed to create a phase out of PFAS-containing products within its borders. The rule established testing and reporting requirements that we have seen in several other states (Maine,...
PFAS Consumer Fraud Case Ruling Involving Smartwatches Allows Potentially Massive Class Action To Proceed
About a year ago, we wrote regarding a PFAS consumer fraud lawsuit brought against Apple alleging that its smartwatches contained PFAS, which deceived consumers because the watches were marketed as promoting human health, being environmentally sustainable, and...
Tiny Particles, Big Risk: Could Netflix’s New Documentary, The Plastic Detox, Accelerate Microplastic Litigation in the Cosmetic and Personal Care Product Industry?
The concept of “microplastics” became popular in 2004 after a marine biologist revealed widespread plastic particles in marine environments, sediment and wildlife. That observation shifted the way the world perceived pollutants from “visible litter” to “invisible...
It’s Not Just What You Say – Lessons Businesses Should Learn from the Agnitti Decision
The recent decision by the Massachusetts Appeals Court in Agnitti v. Philip Morris USA Inc., (24-p-780) offers a warning for companies regarding any representations made to consumers, such as product labeling or advertising, as well as litigators pursuing or defending...
PFAS Drinking Water Legal Battle Briefing Continues
We have previously detailed the EPA’s efforts under the Biden Administration to regulate certain types of PFAS under the Safe Drinking Water Act. In short, PFOA and PFOS would have a Maximum Contaminant Level of 4 ppt, and PFHxS, PFNA, HFPO-DA and certain mixtures...
PFAS Air Emissions Back On EPA’s Radar
We have published in recent years several times on PFAS air emissions issues, including legislative efforts to compel standards for PFAS in air emissions and EPA's long process to determine a reliable and proper testing method for measuring PFAS in air sampling. The...
“Sound Science” Legislation and Environmental Regulations Clash In Several States
Under the second Trump administration, the Make American Healthy Again program has as one of its central pillars the "sound science" principle, which aims to reform federal health agencies by demanding that regulations only move to a proposal phase if they are...
John Gardella Will Co-Chair and Speak At Perrin’s PFAS Conference
John Gardella will co-chair this year's PFAS Conference hosted by Perrin Conferences. The virtual conference, scheduled for March 17, will bring together leading experts on a wide range of PFAS issues, including litigation, biosolids, remediation, AFFF MDL, and...