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In an article published on 9/20 in Law360, Segal McCambridge Attorney Sarah La Pearl published a column where she explains how companies must take a proactive approach to mitigate the risks posed by “forever chemicals” in their products. Among the steps, La Pearl advises engaging in robust review protocols to ensure compliance with the latest standards, staying transparent in supply chain management, performing routing inventory audits, and ensuring the enforcement and ongoing development of compliant internal standard operating procedures (“SOPs”).
“Companies claiming products are free of [per- and polyfluoroalkyl substances] may face liability without tested proof demonstrating they do not, in fact, contain these forever chemicals,” writes La Pearl. “Given the unfortunate range of deleterious effects that forever chemicals can have on the human body, companies must seek to assure consumers that their products are free of these harmful substances. But the sad truth is that many companies claim their products are ‘PFAS-free’ when they are not.”
There is no agreed-upon definition of what PFAS means, and thus the guidelines vary; consumers may face dubious claims of products being “PFAS-free” but that nonetheless still contain certain chemicals, such as fluorine, that have harmful effects. Ensuring transparency via a rigorous testing regimen and honest labeling will maintain consumer trust and minimize potential legal issues.
“Even though PFAS are with us seemingly until the end of time, the public must be made aware of their presence in common consumer products—and in our food supply,” said Le Pearl. “We can reduce PFAS while simultaneously ensuring proper labeling takes place. … [T]he potential damage of these chemicals can be kept to a minimum—while ensuring you maintain a positive, market-friendly, and trusted relationship with the buying public.”
Please read the story fully; click here (subscriber-based).
