PFAS Litigation Updates

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The world of PFAS litigation is quickly evolving. As regulatory scrutiny of these compounds increases, so, too, will the body of associated case law. From class actions to multidistrict litigation, this section will regularly highlight developments in PFAS-related litigation.

Content in this section does not reflect the opinion of Alston & Bird or its attorneys.

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Previous Issues

The EPA Adds Nine PFAS Chemicals to TRI List and Wins Stay of PFAS Litigation in Federal District Court

The EPA automatically adds nine PFAS chemicals to the Toxics Release Inventory (“TRI”) list pursuant to the Fiscal Year 2020 National Defense Authorization Act (“NDAA”) and after finding some PFAS chemicals could no longer be claimed as confidential business information, and as a result, the persons/facilities required to annually report TRI data to the EPA must now include data on the nine additional PFAS chemicals. The EPA also adds PFBA, its anion, and related salts to the TRI list via the NDAA after finalizing their toxicity values. These additions coincide with a federal district court’s grant to stay litigation challenging two of the EPA’s rules regarding PFAS, including the EPA’s previous application of the de minimis exemption to PFAS reporting. The EPA moved to stay the litigation to complete the rulemaking process to list PFAS as “chemicals of special concern,” which would prevent any required reporter from utilizing the de minimis exemption to avoid PFAS reporting. Since the EPA’s rule would provide the plaintiffs the substantive relief they seek, the court granted the stay of litigation.

January 1 & 6, 2023 | Nat’l PFAS Contamination Coal. v. U.S. EPA (D.D.C.); EPA Requires Reporting on Releases and Other Waste Management for Nine Additional PFAS, U.S. EPA

The Third Circuit Denies EPA’s Motion to Move Forward with Chemours Company’s Review of PFAS Health Advisories

The Third Circuit denied the EPA’s motion to dismiss the Chemours Company FC, LLC’s (“Chemours”) petition to review the EPA’s health advisories for PFAS chemicals – rejecting the EPA’s argument that the advisories are simply informational tools rather than final agency rules. In its initial petition, Chemours asserted that the health advisories relied on faulty science and misinterpreted data. petition to review the health advisories

December 6, 2022 | The Chemours Co. FC, LLC v. U.S. EPA Case No. 22-2287 (3d. Cir.)

Sixth Circuit Panel Affirms $40 Million Verdict Against DuPont for Alleged PFAS Contamination

A Sixth Circuit panel affirmed the district court’s decision to award a plaintiff a $40 million verdict against E. I. du Pont de Nemours & Co.’s (“DuPont”) for allegedly contaminating drinking water with PFAS, and in so doing, causing the plaintiff’s testicular cancer. The Sixth Circuit panel agreed with the lower court’s decision to apply collateral estoppel (i.e., issue preclusion) to the questions of duty, breach, and foreseeability in the present case based on how they were previously decided in the previous trials in this multidistrict litigation.

December 5, 2022 | In re: Travis Abbott v. E. I. du Pont de Nemours & Co. Case No. 21-3418 (6th Cir.)

Putative Class Action Targets Labeling on a Capri Sun Product

Alexandra Toribio, an Illinois resident filed a putative class action suit against a major food manufacturer alleging that the company “harmed” her and other class members by allegedly selling their Capri Sun Strawberry Kiwi juice drinks that were labeled as containing “All Natural Ingredients” and marketed as “a healthy choice for kids,” even though they were packaged in containers containing harmful levels of PFAS.

November 29, 2022 | Toribio v. The Kraft Heinz Co. Case No. 1:22-cv-06639 (N.D. Ill.)