PFAS Known As ‘Forever Chemicals’ Found in Variety of Consumer Goods

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PFAS Forever Chemicals Class Action Lawsuits Overview: 

• Who: A number of consumers have filed class action lawsuits against companies such as McDonalds, Target, Burger King and REI, among others, for allegedly selling products containing toxic per- and polyfluoroalkyl substances (PFAS). 
• Why: Consumers claim the presence of PFAS, also sometimes referred to as “forever chemicals,” make the products unsafe.
• Where: Class action lawsuits have been filed nationwide. 

Health-conscious consumers are always evaluating what they put in their body and what comes in contact with it. 

Some all-too-common contaminants are what are known as per- and polyfluoroalkyl substances (PFAS). 

Sometimes referred to as “forever chemicals” due to their inability to break down in the environment or a person’s system, the toxic chemicals can be found in a variety of consumer products, such as food, apparel and cosmetics, among other things. 

PFAS have been the basis for a number of recent class action lawsuits filed by consumers. 

McDonald’s, Burger King Accused Of Selling Food With PFAS

In April, Burger King was accused of selling its Whopper burger in packaging containing PFAS, contaminating the food product and making it “unfit for human consumption.” 

Burger King, the consumer argues, has thus misled its customers that the company is both “safe” and “sustainable.” 

McDonald’s, meanwhile, faced similar claims from a consumer alleging the fast food restaurant fails to disclose to its customers that its foods contain PFAS. 

The consumer in that case claims McDonald’s misleads consumers into believing its food is safe for consumption, when, in reality, it is unsafe for humans and bad for the environment due to the presence of PFAS. 

L’Oreal, Burt’s Bees, Almay Face Claims Of PFAS In Cosmetics

Beauty brand L’Oreal, meanwhile, was accused last month of failing to disclose that its waterproof mascara products contain PFAS. 

Consumers claim L’Oreal knows but intentionally decides not to disclose the presence of PFAS in its waterproof mascara products, which they say it thus falsely represents as safe. 

The class action lawsuit was the second in as many months lobbied at L’Oreal over the same issue with a consumer in February claiming the company intentionally hides that its waterproof mascara products contain PFAS.

Almay is another cosmetic brand that has come under fire for allegedly selling makeup containing “forever chemicals.”

Three consumers argued that Almay, along with its parent company Revlon, falsely markets its products as “clean, healthy and non-toxic” despite actually containing PFAS. 

Burt’s Bees and its owner Clorox, meanwhile, came under fire in February for allegedly selling cosmetic products containing “forever chemicals.”

The consumer in that case claims Burt’s Bees and Clorox failed to disclose the presence of PFAS in its cosmetic products all while continuing to tout the safety of the products. 

REI, Target, NatureStar, 3M Allegedly Expose Consumers To PFAS

REI faced allegations in April that the waterproof apparel it sells, including its popular waterproof jacket line, contain toxic fluorine and PFAS. 

The consumer behind the class action lawsuit claims the presence of “forever chemicals” makes REI’s waterproof apparel products unfit for use. 

Target Corporation and NatureStar North America, meanwhile, were accused of falsely representing that NatureStar’s disposable tableware products are “compostable.” 

A consumer claims the NatureStar products sold by Target actually contain PFAS, which make the disposable tableware products unsuitable for composting. 

Also in March, a class action lawsuit filed by a former firefighter against companies for allegedly selling products, including foam used by firefighters, containing “forever chemicals” was certified by a federal judge in Ohio. 

The consumer in that case claims companies, such as 3M Co., E.I. du Pont de Nemours and Co. and the Chemours Co., among others, sold products they knew contained PFAS.

The class action lawsuit came two months after a separate complaint filed by a former firefighter alleged a number of companies manufactured and sold firefighting foam containing PFAS. 

The former firefighter claimed the companies, including 3M, Tyco Fire Products and The Ansul Company, among others, sold Aqueous Film-Forming Foam containing “forever chemicals.”

3M, Saint-Gobain Reach Agreements To End PFAS Claims

In January, 3M, along with others, agreed to pay $5 million to resolve claims they had contributed to contaminating the Tennessee River with PFAS. 

Also in January, Saint-Gobain Performance Plastics agreed to pay $34 million to put to bed claims the company had contaminated the soil and water of the community of Bennington, Vermont with PFAS. 

Have you purchased a product only to find out later that it contained PFAS? Let us know in the comments!

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