[co-author: Shivani Swami (International Law Advisor)]
While the results of consumer products litigation surrounding PFAS have been uneven (see prior blog posts), a new type of claimant may be emerging based on a recent claim filed by a Georgia-based carpet manufacturer against three major upstream PFAS manufacturers. The complaint alleges that the PFAS manufacturers concealed potential human health and environmental impacts of PFAS that were known to them, failed to inform the carpet manufacturers that their fluoropolymer products could degrade to other PFAS and did not advise that disposal of PFAS-containing wastewater required the use of specialized PFAS removal technologies. The lawsuit seeks costs for property damage and to recoup potential PFAS removal and remediation costs incurred as a result of PFAS contamination lawsuits against the carpet manufacturer, as well as over $100 million in past costs.
