PFAS subject of recent class actions, settlements, regulations

PFAS class actions, settlements, regulations overview: 

• Who: Consumers and public water systems recently filed class action lawsuits involving per- and polyfluoroalkyl substances against RiseWell LLC, Bic USA Inc., Johnson & Johnson, Kenvue Inc., Tyco Fire Products LP and Chemguard Inc. 
• Why: The lawsuits claim the companies either contaminated public water systems with PFAS or manufactured products containing the so-called “forever chemicals.” 
• Where: The class action lawsuits were filed in U.S. federal courts. 

Consumers and public water systems recently filed multiple class action lawsuits involving per- and polyfluoroalkyl substances against RiseWell LLC, Bic USA Inc., Johnson & Johnson, Kenvue Inc., Tyco Fire Products LP and Chemguard Inc. 

The companies are alleged to have either contaminated public water systems or manufactured and sold products containing PFAS, which are commonly referred to as “forever chemicals.” 

In addition to the class action lawsuits, a chemical company recently agreed to pay more than $300 million to end claims it contaminated public drinking water systems with PFAS, and the EPA recently finalized the first-ever regulations for PFAS in drinking water. 

Class action says RiseWell children’s toothpaste contains harmful PFAS

A pair of consumers filed a class action lawsuit against RiseWell LLC earlier this month over claims the company’s children’s toothpaste product contains PFAS. 

The class action lawsuit argues RiseWell advertises its children’s toothpaste is natural and free of chemicals, despite allegedly containing the harmful forever chemicals.

“Unfortunately for consumers, however, despite the brand’s express safety and clean ingredient claims, the product contains high levels of (PFAS),” the RiseWell class action says. 

Bic failed to disclose its razors contain PFAS, class action claims

A pair of consumers filed a class action lawsuit against Bic USA Inc. last month over claims the company failed to disclose its razors contain PFAS. 

Bic disclosed to the Maine Department of Environmental Protection that it intentionally uses PFAS in its products, according to the class action lawsuit, which argues the company knew or should have known PFAS are unsafe. 

“No reasonable consumer would expect that shaving razors would contain dangerous PFAS, which are indisputably linked to harmful health effects in humans,” the Bic class action says.

Band-Aid products contain dangerous PFAS, class action says

A consumer filed a class action lawsuit against Johnson & Johnson and Kenvue Inc. in April over claims the companies manufactured and sold Band-Aid products containing dangerous PFAS. 

The class action lawsuit argues the Band-Aid products sold by Johnson & Johnson and Kenvue, which owns the Band-Aid brand and separated from Johnson & Johnson last year, are unfit for their intended purpose due to the alleged presence of PFAS. 

“Defendants’ products poses a health and safety risk due to the presence of PFAS in the Products,” the Band-Aid class action says. 

Chemical companies knowingly contaminated drinking water with PFAS, class action claims

A group of public water systems filed a class action lawsuit against Tyco Fire Products LP and Chemguard Inc. in April over claims the companies knowingly contaminated U.S. public drinking water systems with PFAS. 

The class action lawsuit argues Tyco and Chemguard contaminated the public drinking water systems through the manufacturing of aqueous film-forming foam, which is used to fight fires. 

“Defendants elected to develop, manufacture, formulate, distribute and sell their AFFF products containing PFAS, thereby placing profits over human health and the environment,” the Tyco and Chemguard class action says.  

BASF to pay +$300M over claims it contaminated public drinking water systems 

BASF agreed to pay $316.5 million last month to put an end to claims the chemical company contaminated public drinking water systems with PFAS. 

The settlement benefits a class of public water systems that found PFAS in their water prior to May 15. Any municipality that finds PFAS in their drinking water after May 15 will be able to file a new claim. 

BASF will pay $4 million of the settlement funds on or about July 15, 2024, and the remaining $312.5 million on March 1, 2025, according to the settlement. 

EPA finalizes first-ever regulations for PFAS in drinking water

The EPA  finalized the first-ever regulations for PFAS in drinking water earlier this year. 

Public drinking water systems will have three years to complete an initial monitoring for PFAS and five years to implement the new regulations, which are designed to reduce the presence of PFAS in water exceeding acceptable levels. 

Beginning in 2027, public water systems will also need to start informing the public about the levels of PFAS in their drinking water. 

Have you been exposed to PFAS? Let us know in the comments.

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