Insights & Events

Food Industry Executive published an article authored y Hollingsworth LLP attorneys Gary Feldon and Caroline Barker regarding the upcoming EPA reporting deadline for per- and polyfluoroalkyl substances (PFAS) synthetic compounds — sometimes called “forever chemicals” — and the likelihood of an increase in litigation for the food and beverage industry.

The EPA regulation, requiring by January 2026 that PFAS manufacturers report in a public database their use in products from 2011-2022, risks not only dramatically expanding litigation but also that disclosures in those reports will likely pose downstream litigation risks for businesses that purchased products containing PFAS, even unknowingly.

Courts considering consumer claims may focus entirely on consumer expectations rather than requiring that plaintiffs offer reliable scientific evidence demonstrating any actual health impact from the PFAS exposure at issue. Without a burden to show a health risk, plaintiffs’ main factual burden becomes only to show that the product at issue contained PFAS.

Combined with the emerging litigation trend of PFAS consumer class actions, these disclosures raise the very concerning prospect of runaway litigation. Businesses in the food and beverage industries — particularly businesses that market products as healthy, pure, or natural — are especially at risk and should consider affirmative steps to address this issue before litigation materializes.

Executives in the food and beverage industry should be mindful of their PFAS litigation exposure and take proactive steps to both avoid and prepare for litigation by ensuring regulatory compliance, obtaining adequate insurance, reviewing supplier relationships, examining marketing claims, and consulting specialized legal counsel.