Lynn L. Bergeson and Carla N. Hutton Quoted in Bloomberg Law Article “Lawsuits, Public Pressure Expected From PFAS-in-Products Reports”

On April 23, 2026, comments by Lynn L. Bergeson and Carla N. Hutton were featured in Bloomberg Law’s article regarding an expected influx of public information about PFAS in resulting from Minnesota’s “Amara’s Law” and New Mexico’s PFAS Protection Act. “In addition to banning over time the sale of products with nonessential uses of PFAS, both laws have consumer right-to-know provisions requiring manufacturers to provide details to state regulators and ultimately the public about products sold or distributed with intentionally added PFAS.”

The association between some PFAS and adverse health effects means the information could be used to compel cleanups, increase regulatory scrutiny, prompt reformulation of products, and spur scientific research, said Lynn Bergeson, managing partner of Bergeson & Campbell PC. “The utility of these data is as broad as the day is long.”

But, the information may also be used “by anyone wishing to denigrate, publicly shame, or sue companies even though there’s nothing illegal about the use of per- and polyfluoroalkyl substances (PFAS),” she said

[…]

Manufacturers already are looking for chemicals that may substitute for PFAS, Bergeson said.

Meanwhile, as information becomes public, companies should prepare messages for consumers, customers, workers, and other parties, she said. “You have to be ready to say yes, we use this substance in this context and here are the reasons why. We have no reason to think there is a problem here.”

There are valid reasons to use PFAS in some components, said Carla Hutton, a senior regulatory analyst with Bergeson & Campbell. “If you’ve eliminated the noncritical PFAS where you can and the PFAS that remain are there for an essential purpose, just own it.”

See – https://news.bloomberglaw.com/environment-and-energy/lawsuits-public-pressure-expected-from-pfas-in-products-reports (subscription required)

B&C’s “PFAS in consumer products: a multi-state compliance guide” webinar, now available as an on-demand recording, features Lynn L. Bergeson, Managing Partner, B&C; Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist, B&C; and Carla N. Hutton, Senior Regulatory Analyst, B&C, as they review jurisdictional divergence in PFAS regulation to better navigate emerging PFAS initiatives so that participants can integrate more holistically divergent governance standards to anticipate and avoid market access limitations. Watch now.