PFAS and Prop 65: Combination May Mean "Open-Season" for Plaintiffs' Lawyers

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Earlier this summer, California’s water board began sampling drinking water and groundwater for traces of PFAS/PFOAS—artificial compounds used in a wide variety of liquid-resistant products, as well as fire-fighting foam. This seemingly routine event could be advance warning for a flood of lawyer-driven litigation, according to Luke Wake of the National Federation of Independent Business’ Small Business Legal Center.

 As reported in the Northern California Record, the state is testing for PFAS because those chemicals were included on California’s Prop 65 list last year. This list, which includes an array of chemicals subject to strict regulation, has already served as an abundant resource for plaintiffs’ lawyers looking to file abusive litigation. The recent spike in PFAS litigation around the country has not picked up much momentum in California so far. However, the inclusion of this group of chemicals under California’s Prop 65 may mean things are about to change.

August 20, 2019