Prospective Class Action Alleges Pomegranate Juice Contains PFAS

A prospective class action was filed on behalf of customers of Pom Wonderful 100% Pomegranate Juice, alleging the advertising of the beverage as “all natural” misleads customers to believe the products do not contain PFAS. The complaint alleges the customers would not have purchased the product if they had known it contained PFAS or would…

Sports Drink Company Sued for Use of PFAS

Customers who purchased BioSteel Sports Nutrition’s raspberry sports drink filed a lawsuit against the company, alleging third-party testing of the sports drink indicated that PFAS are present in the drinks and BioSteel knew or should have known. The lawsuit alleges the company made false and deceptive claims by marketing the drinks as “eco-friendly” and “good…

PFAS Regulation Likely to Spur Increased PFAS Litigation

Legal analysts forecast that PFAS-related lawsuits will continue to rise in 2023. The analysts assert that the EPA’s efforts to list PFOA and PFOS as hazardous substances under CERCLA, which will require facilities to report releases of PFAS and authorize the EPA to enforce cleanup efforts, and growing public awareness about PFAS and its health…

DuPont and Chemours Seek Reconsideration Before Federal Court to Protect Attorney-Client Privileged Information

E. I. du Pont de Nemours (“DuPont”), the Chemours Company and the Chemours Company FC, LLC (together “Chemours”), the defendants in a multidistrict litigation case involving PFAS in aqueous film-forming foam, move a federal district court to reconsider its previous order to compel, which requires production of thousands of documents, or allow for an interlocutory…

DuPont Petitions the Sixth Circuit for a Full Review of a Decision Precluding Future Litigation in PFAS-related MDL

E. I. du Pont de Nemours (“DuPont”) petitions the Sixth Circuit to sit en banc and reconsider a three-judge panel’s ruling upholding a decision that granted the plaintiffs damages on their PFAS-related negligence claims and barred DuPont from relitigating several issues decided in previous litigation. Since the three-judge panel did not limit preclusion to only…