Legal Resources
ASTM and PFAS – Phase I Revisions Approved By EPA
In March of 2022, we reported on the the EPA’s adoption of revised American Society for Testing and Material (“ASTM”) standards that would, for the first time, include a reference to PFAS. We explained that the ASTM changes would be significant for a wide array of...
Heinz PFAS Consumer Fraud Lawsuit Continues 2022 Trend
On November 29, 2022, a PFAS consumer fraud class action lawsuit was filed in Illinois against Heinz over alleged PFAS content in the Capri Sun juice drinks sold by the company. The Heinz PFAS consumer fraud lawsuit is but the latest in a growing line of PFAS lawsuits...
EPA Feeling The Heat For Dragging Its Feet on Ethylene Oxide Standards
As we’ve noted in prior reports, environmental groups have long been frustrated with the EPA and its failure to modify its air pollution regulations with respect to medical sterilization plants that utilize and emit Ethylene Oxide (EtO). The EPA last updated its EtO...
PFAS Legislative Developments (November 2022)
November 2022 PFAS Legislative Developments November Legislation Tracking (Nov 1, 2022 – Nov 30, 2022)Current Trends in Legislation – November 2022 No Federal Bills Introduced in November Federal Level Key point addressed: N/A. Appropriations and Funding States...
North Carolina PFAS Lawsuit Adds To Increasing State Legal Action
On November 23, 2022, a lawsuit brought by the state of North Carolina was removed to federal court. With the lawsuit, North Carolina became the latest state to file a PFAS environmental remediation lawsuit against manufacturers of certain PFAS and PFAS-containing...
Elections Impact On PFAS Initiatives
As the dust settles from the recent election cycle, anyone following PFAS developments closely must consider how the shifting balance of power will impact the slew of PFAS regulatory and legislative initiatives that currently exist. Our brief take on the elections...
PFAS Medical Monitoring Goes To State Supreme Court
A year-and-a-half ago, we predicted that in the PFAS litigation world, medical monitoring claims would quickly become a claim that finds its way into numerous PFAS cases with ever-increasing risks and cost to companies embroiled in the lawsuits. On November 15, 2022,...
John Gardella Joins HB Litigation Podcast On PFAS
John Gardella recently joined HB Litigation's Tom Hagy on the Emerging Litigation Podcast to discuss issues surrounding the recent trend of increasing numbers of PFAS consumer fraud lawsuits. John and Tom discuss what these cases allege, the damages sought, legal...
Ethylene Oxide Defense Verdict Causes Ripple Effects
In September, we reported on the first Ethylene Oxide (EtO) trial, which resulted in a $363 million verdict for a plaintiff who alleged that her breast cancer was caused by excessive exposure to EtO from a nearby facility. In that case, a Cook County (Illinois) jury...
Michigan PFAS Regulations Struck Down By Court
On November 15, 2022, a Michigan state court struck down Michigan PFAS regulations related to drinking water enforceable limits. While several arguments were advanced by 3M in challenging Michigan's PFAS drinking water standards, the Court ultimately found in favor of...
REI PFAS Consumer Fraud Lawsuit Continues Trend of Similar Lawsuits
On October 28, 2022, a PFAS consumer fraud class action lawsuit was filed in Washington against REI over alleged PFAS content in various articles of waterproof clothing sold by the company. The REI PFAS consumer fraud lawsuit is but the latest in a growing line of...
California PFAS Lawsuit Could Be Biggest State PFAS Lawsuit To Date
On November 10, 2022, California's Attorney general filed a lawsuit against over a dozen companies seeking damages for PFAS pollution to the environment throughout the state. While the Complaint seeks damages from pollution related to only seven of the thousands of...