Joanna Szabo  |  June 24, 2020

Category: Legal News

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firefighter in pool of foam

Dangerous chemicals and toxins could cause serious problems for consumers who come into contact with them. For this reason, government agencies like the EPA consider research and danger risk when determining if a product or kind of chemical should be restricted or prohibited.

What is PFAS?

PFAS refers to a group of man-made toxic chemicals that includes PFOA (teflon), PFOS, GenX, and many others that have been connected to harmful health outcomes in humans. The term PFAS stands for per- and polyfluoroalykyl substances. It’s a popular substance inside many different consumer items today and most people don’t even know it’s there.

PFAS can be found in many different products including nonstick pans, waterproof jackets and popular firefighting foam. Research has also shown that these chemicals have been found in the drinking water supplies of systems such as Chicago, New York, Washington, D.C., and West Virginia. Indeed, millions of Americans have been found to have had their drinking water supply contaminated with PFAS above the level that the EPA considers to be safe. Even more have been found to have water contaminated with PFAS, but below the EPA’s threshold.

One of the biggest danger factors with these substances is the fact that they don’t break down easily, meaning that if you consume them they can continue to impact your system for a long period of time. More and more evidence is surfacing that indicates PFAS may be able to cause adverse effects on human health. Some public health officials have said that the volume of PFAS in the country’s drinking water will be a serious issue for decades to come.

Who is the Environmental Protection Agency?

The Environmental Protection Agency (EPA) is a national government agency in the United States that has a mission of protecting the environment as well as human health. The EPA is involved in regulatory decisions that affect many different areas of business and individual human life and usually at the forefront of some of the most important concerns affecting environmental regulation.

The EPA maintains a resource page with details about PFAS for the general public to review. They explain that this substance has been manufactured and used throughout the U.S. and world since the 1940s. Their website also includes a statement that there is evidence that PFAS are dangerous for human health. The EPA PFAS initiative is part of the agency’s ongoing project related to the potential dangers of these substances.

The agency has been involved in phase outs of certain PFAS materials in the past. For example, eight major chemical manufacturers previously agreed to stop using them altogether. However, products that are shipped into the United States can still contain PFAS chemicals. This includes items like textiles, rubber, leather and apparel, and more.

Some of the strongest connections with medical impacts from exposure to PFAS include cancer (PFOA), low infant birth weights, immune system impacts, and thyroid hormone disruption. Since consumers can be exposed in food packaging, equipment that used PFAS in the food processing line, and contaminated water and soil, there is a high chance that many people can be exposed to PFAS in their lifetime. Some jobs, like firefighters and those that use firefighting foam face a higher exposure rate.

industrial waste being dumped into lakeWhat Does the EPA PFAS Action Plan Cover?

The government agency recently released their action plan for EPA PFAS. Some aspects of this plan include positive regulatory determinations for certain PFAS substances and groundwater cleanup initiatives.

The early determinations for figuring out how these substances show up in drinking water and the availability of funding for new research in this area also came about in the most recent update from the EPA. The agency provides regular updates on what progress they’ve made on their website.

EPA Regulating Toxic Chemicals

Several different statutes equip the EPA with the ability to regulate what’s considered a toxic chemical. This includes one of the most important, the Toxic Substances Control Act, which was recently updated with the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This includes regulating issues such as EPA PFAS guidance.

The Toxic Substances Control Act covers the processing, use, distribution, and manufacturing of industrial and commercial chemicals.

Individual state and local governments have also begun working protecting their communities from PFAS contamination. In Washington state, for instance, PFAS have been banned in food packaging, and the sale of PFAS-containing firefighting foam has also been banned. In New York, food service containers and wrappers purchased by the state must be free of added PFAS, and food packaging requirements have also been passed in Maine, San Francisco, and Berkeley. States have also begun implementing new drinking water standards to protect against contamination through the water supply. State and local laws regarding PFAS can be found collected on the EPA website.

EPA Testing Water for PFAS

Many causes of PFAS in groundwater is runoff from manufacturing facilities and pollution.  The EPA has developed methods for agencies to begin measuring PFAS in their drinking water around the country. This means that both private and public laboratories can measure this in their water. The methods developed by the agency were created with rigorous analysis to be able to inform local communities and specific areas about cases in which the PFAS levels might be high.

While all consumers face a risk of being exposed to PFAS, those who used certain items on the job might place in a higher risk category. Even with new EPA PFAS guidance, exposure might have already happened, leaving employees with work related injuries.

If you were a firefighter and used popular firefighting foam in the course of your job, especially if you were a military firefighter, you might have been exposed to high levels of PFAS. If this applies to you and you’ve recently been diagnosed with cancer, you need to discuss the specifics of your case with an attorney, and you may be able to file a lawsuit. Although filing a lawsuit cannot take away the pain and suffering caused by PFAS cancer or other injuries, it can at least help to alleviate the financial burden too often incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, but Top Class Actions can assist you with finding a lawyer. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

If you or someone you love developed cancer after being exposed to firefighting foam, you may have a legal claim. Fill out the form on this page now to find out if you qualify to participate in a free firefighting foam lawsuit investigation.

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