PFAS

What are PFAS

According to the Agency for Toxic Substances and Disease Registry, PFAS, or per-and polyfluoroalkyl substances, are synthetic chemicals that were first created in the 1940s. 

These chemicals are resistant to heat, oil, grease, and water, and are widely used in consumer, industrial, and military applications, including water‑repelling clothing, stain‑resistant carpets and fabrics, non-stick cookware, some cosmetics, and firefighting foams. 

Unfortunately, PFAS are notoriously persistent in the environment, earning themselves the title of "forever" chemicals because they never degrade. They also build up in the bodies of both humans and wildlife who are exposed. 

This is a problem as PFAS can cause substantial damage to a person's health, including an elevated risk of certain types of cancer. Because of their dangers, many people exposed to PFAs have begun filing lawsuits against manufacturers responsible for exposing them to these chemicals. 

If you or someone you love was exposed and became sick, you may have legal rights. This guide will explain the dangers of PFAs, what options you have if you have been harmed, and how taking legal action could help you get justice. 
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Potential Health Risks of PFAS

According to both the Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control and Prevention, exposure to PFAS can cause substantial damage to your health. Some of the potential consequences include:

• Elevated cholesterol
• Reduced vaccine response
• Altered liver enzymes
• Increased risk of pregnancy‐induced hypertension or preeclampsia
• Reduced birth weights among infants 
• An increased risk of various types of cancer, including breast cancer, liver cancer, leukemia, lymphoma, multiple myeloma, prostate cancer, renal cancer, kidney cancer, testicular cancer, and uterine or endometrial cancer

The CDC and the National Institute for Occupational Safety and Health also report that workers in certain industries, including firefighting, chemical manufacturing, and carpet treatment, face an elevated risk of exposure to PFAS and the resulting development of these troubling medical conditions.

However, many individuals even outside of these industries have also been exposed to PFAs, including millions who experienced elevated levels of forever chemicals in their drinking water. 

Government Action Against PFAS

Both state and federal officials have recognized the dangers of PFAS and taken action. 

While PFAS were largely unrelated since their creation, the American Bar Association explains that this began to change in 2002 when the EPA first used its authority under the Toxic Substances Control Act to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). 

The EPA began to impose new restrictions and require advance notice of PFAS manufacturing, and this was the start of a long string of regulatory actions, including but not limited to the following:

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• In 2013, a rule was put in place to require companies to report new uses of PFOAs in chemicals and upholstery
• In 2016, the EPA issued a lifetime drinking water health advisory for PFOA of 0.07 micrograms per liter (µg/L), which is the equivalent of 70 parts per trillion (ppt). This was based on a toxicity study in mice used to identify a reference dose. 
• In 2020, the EPA began to require notification before anyone began or resumed the import of long-chain PFAS chemical substances. 
• In 2020, the EPA strengthened the classification of PFAS and banned the import of certain products containing specific long-chain PFAS. These products included, but were not limited to, textiles, furniture, carpets, electronics, and household appliances. 
• On April 10, 2024, the EPA established new legally enforceable levels, called Maximum Contaminant Levels (MCLs), for PFAS in drinking water. The rule set new maximum contaminant levels, mandated that public water systems begin monitoring for these chemicals by 2027, and required public water systems to take corrective action by 2029 if the level of PFAS exceeded the allowable thresholds. The EPA also secured $1 billion in funding under the Infrastructure Investment and Jobs Act to help utility companies and private well owners address water contaminated with PFAs.
• On May 14, 2025, the EPA announced that the agency would actually be keeping the pre-existing National Primary Drinking Water Regulations instead, and would extend the PFOA and PFOS Maximum Contaminant Level compliance deadlines, establish a federal exemption framework, and rescind regulations and reconsider the regulatory determination of PFAS mixtures.

These are just some of the many EPA actions taken related to PFAS. In addition to EPA action, multiple states have filed PFAS contamination actions under public nuisance laws, laws prohibiting damages to natural resources, and consumer protection laws. 

For example, Michigan’s AG sued 3M and DuPont in January 2020, alleging the company knowingly concealed PFAS dangers, while New Jersey entered into a settlement with 3M related to drinking water contamination, collecting an estimated $450 million, with funds earmarked for environmental remediation and public health projects 

At least 27 states have also filed suits against the Department of Defense for PFAS at military bases, though the DOJ has tried to have the cases dismissed on grounds of sovereign immunity, which limits the ability of plaintiffs to sue the government. 
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Why are PFAS Lawsuits Being Filed

Government officials are filing lawsuits against companies that manufactured PFAS or used PFAS in their products to try to hold these companies accountable for the widespread harm that the forever chemicals caused through drinking water contamination.

Individual victims are also suing companies responsible for getting PFAS into their system. These individuals are taking legal action because they developed health problems after exposure to PFAS. 

Many cases brought by individual victims have become part of a mass tort claim, which means the cases have been moved before one judge to streamline the administration of the claims. 

In mass torts, plaintiffs retain their individual cases, but certain common issues that apply to all claims can be decided more quickly.  Bellwether trials, or test trials, can also provide insight into how these cases will be received in court. The outcome of these cases will shape settlement negotiations. 

Thousands of claims remain pending, and victims continue to file new claims.  
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Can You Still File a PFAS Lawsuit?

You may still be able to file a PFAS lawsuit if you were affected by forever chemicals. Your best option is to reach out to an attorney for help in understanding whether to become part of mass tort litigation or how best to pursue a claim to hold manufacturers accountable for harm.

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