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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Residents of Saratoga Sites, a public housing complex next to a Norlite incinerator in Cohoes, New York, have filed an intent to sue Norlite, its parent company, EPA, and the New York State Department of Environmental Conservation in federal court over Norlite’s historical and continuing burning of firefighter foam.
June 23, 2020
Plaintiff filed a putative class action against Amazon on behalf of consumers who purchased disposable foodware Defendant allegedly advertised as compostable. Plaintiff contends these products contain PFAS and thus, given PFAS’ resistance to degradation, are not compostable. Plaintiff asserts claims for violations of the California Business & Professions Code, breach of express warranty, and unjust enrichment, seeking injunctive relief, compensatory damages, and restitution.
June 17, 2020 | Nguyen v. Amazon.com, Inc., 3:20-cv-04042 (N.D. Cal.)
Putative consumer class action against Kroger alleging it sold disposable dinnerware that, although advertised as compostable, was not compostable and contained PFAS. Plaintiff seeks injunctive relief, restitution, compensatory damages, restitution, attorneys’ fees and costs, and to disgorge Kroger of its revenues and profits related to sales of the dinnerware.
June 16, 2020 | Ambrose v. The Kroger Co., No. 3:20-cv-04009-DMR (N.D. Cal.)
A Nevada couple, whose suit is one of the most recent additions to the South Carolina AAAF MDL, sued PFAS manufacturers alleging the husband’s long-term exposure to PFAS as a firefighter caused his later prostate cancer diagnosis. In addition to compensatory damages, Plaintiffs seek punitive damages, alleging “Defendants had good reason to know or expect that their fluorochemical products were toxic chemicals capable of causing harm to human health.”
June 5, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)
The Judicial Panel on Multidistrict Litigation declined to vacate the transfer of New Mexico’s lawsuit over PFAS contamination at two Air Forces bases. The State argued the case did not belong in the MDL because it involved claims of environmental remediation against the United States, as opposed to products liability claims against the fire-fighting foam manufacturers. The JPMDL disagreed, holding transfer under Section 1407 does not require a complete identity of factual and legal issues when the action arises from the “common factual core.”
June 2, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)