Businesses must begin taking concrete steps to prepare for the next wave of environmental and consumer products safety litigation, which is likely to focus on any historic and/or current use of materials containing certain per- and polyfluoroalkyl substances (PFAS). An umbrella term covering more than 5,000 man-made chemical compounds, PFAS has been widely used in consumer and industrial products for more than 70 years, including in many common food containers and wrappers, non-stick cookware, furniture, clothing and other products that resist water, grease or oil. Known colloquially as “forever chemicals,” scientific studies have suggested that human exposure to unsafe levels of PFAS may be linked to a variety of health risks. The federal government has announced regulatory and legislative efforts to reduce or eliminate the use of PFAS compounds in consumer products and several state governments have already adopted laws doing the same.

The following update addresses possible risks for manufacturers and distributors of products containing PFAS, as well as next steps these companies should take. Read our update here.

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Photo of Bradley Dlatt Bradley Dlatt

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust…

Bradley Dlatt counsels corporations on complex insurance coverage matters, including analyzing insurance policies and assisting with policy placement and renewals. Bradley has represented corporate policyholders in insurance coverage disputes concerning, among other areas, directors and officers liability, government investigations, toxic tort liability, antitrust litigation, environmental liability, data breach and cyber liability, commercial property damage, business interruption, employment practices liability, employee theft and dishonesty and intellectual property liability.

In addition, Bradley has experience in preparing case strategy, performing legal analysis, building factual records, managing document productions and privilege logs, engaging in written discovery, deposing fact and expert witnesses, preparing expert reports, briefing dispositive motions, settlement negotiations and drafting of settlement agreements and appellate briefing.

In his pro bono practice, Bradley has obtained a grant of asylum for an undocumented mother and child who fled to the United States after being threatened by gang violence in their home country and successfully prosecuted and settled a civil rights claim on behalf of an incarcerated offender.