Lynn L. Bergeson and Richard E. Engler Quoted in “Details on PFAS, Substitutes Urged for EU’s Proposed Ban” by Bloomberg Law
On July 11, 2023, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, on what companies need to know to prepare for upcoming per- and polyfluoroalkyl substances (PFAS) regulations.
US manufacturers need to prepare not only for the EU’s PFAS rule, but for a raft of federal and state water, chemical, information collection, and other PFAS regulations, said Richard E. Engler, director of chemistry for the Acta Group.
And they need to be aware that consumers are “weaponizing” state consumer laws intended to protect against false and misleading marketing practices, said Bergeson.
PFAS are added to some products, like makeup, and they can be contaminated by PFAS during the production process. Burger King Corp., Coty Inc.’s CoverGirl line, Kraft Heinz Co., and Recreational Equipment Inc. (REI) are among the companies targeted in such lawsuits in recent years.
Potential brand damage rather than financial liability is the primary risk, Bergeson said.
The trend also means companies have to think about claims they often make, such as saying a product is “natural,” she said, summarizing a point extended in a blog her law firm published. PFAS don’t exist in nature. They were created by chemists.
See – https://news.bloomberglaw.com/environment-and-energy/pfas-in-childrens-place-uniforms-harmful-fraudulent-suit-says (subscription required)