PFAS Exposure: A Comprehensive Look at Emerging Facts and Studies, Risk and Liability Assessment, Litigation History, Evolving Regulations and Future Predictions.

• Author: Liljestrand, Craig T.
• Position: Perfluoroalkyl and polyfluoroalkyl substances legal issues

Craig T. Liljestrand

A very special thank you goes out to paralegal Sara Jesser for her significant contributions and tireless efforts with this article.

A simple laboratory accident resulted in the remarkable creation of Per- and Polyfluoroalkyl Substances ("PFAS").

These substances enabled mankind to overcome the natural limitations of fire, oil and water. Their discovery was lauded as a modern-day miracle, and the titans of industry and commerce produced a litany of highly beneficial consumer and industry products. But as we were celebrating this victory over the laws of nature, science responded with concerning reports. Could triumph have become tragedy, or were the alarms about PFAS just a lot of hype? This article tackles this important question by conducting a comprehensive review of the key emerging PFAS facts, studies, risk assessment, related litigation, regulations, and concludes with predictions for the future.

1. Background

   1. PFAS Facts

      PFAS is the generic term for a class of man-made chemicals with oil and water-resistant properties found in a variety of consumer products like nonstick cookware, stain resistant and weather proof textiles, and food packaging. (1) They are also used as surfactants in the aerospace, construction, and electronics industries and as an ingredient in public, commercial, and civilian and military firefighting foams to put out fuel-based fires. (2) Originally developed by accident in 1938 by scientists in a lab, (3) the two most recognized PFAS were introduced in commerce in the 1940s: DuPont's perfluorooctanoic acid (PFOA)--used to create Teflon and a byproduct of many other processes--and 3M's perfluorooctane sulfonate (PFOS)--used in Scotchgard, firefighting foam, and semiconductor devices. (4)

      Due to the incredibly strong chains of carbon and fluorine atoms that make up the structure of their molecules, PFAS are slippery, resilient, and resistant to breaking down or dissolving. (5) Accordingly, they were eventually incorporated into numerous everyday products. As a result, many people have now been exposed to PFAS, which can accumulate and remain in the human body for long periods of time, giving rise to their nickname, "Forever Chemicals". Recently, some scientific studies have shown that exposure to certain PFAS may lead to adverse human health and environmental effects, creating much concern over the use of PFAS.

   2. Profile of PFAS Potential Damages

      PFAS are a diverse group of thousands (estimates range between four and six thousand) of chemicals. These chemicals have two things in common: (1) they are man-made; and (2) they contain linked chains of carbon and fluorine, the bond of which is one of the strongest in nature. As such, they do not degrade easily. Once exposed to the human body, water, or the environment, whether through contact with consumer goods, contaminated food and water and/or in workplaces, they will remain virtually forever.

      Exposure to PFAS typically occurs though inhalation; ingestion of contaminated food, soil, or water; or the use/consumption of commercial products containing PFAS. Once released into the environment, they easily disperse into the air, dust, food, soil and water ending up in the human body and settling in the blood, kidneys and liver. Given the ubiquity of these chemicals, at least some people have had measurable exposure to PFAS; research reveals detectable levels of certain PFAS in the blood of many Americans. Scientists have found, and the Center for Disease Control (CDC) has confirmed, that the blood of 95% of Americans contains some type of PFAS chemicals. (6) Studies show exposure has the potential to cause a host of adverse health effects.

      In response to this unsettling news, many manufacturers in the United States removed the two most common PFAS chemicals, PFOA and PFOS, from their products. They replaced them with other members of the PFAS family of chemicals commonly referred to as "next-generation" PFAS chemicals. Next-generation PFAS are not as well understood. PFAS, in some form or another, remain in the products most Americans encounter every day.

   3. Exposure

      Since the 1930s, PFAS have been incorporated into common consumer goods like paper products, wire insulation, surface coatings, cleaning products, personal care products (like cosmetics, shampoos, and dental floss), and firefighting foam. (7) Today, American consumers may be exposed to PFAS through a wide range of common commercial and household products such as paints, water-resistant fabrics and apparel, cosmetics, dental floss, firefighting foams, nonstick cookware, pizza boxes, polishes, waxes, stain resistant carpet, leather, textiles, grease resistant paper and packaging, rubber, plastics, and cleaning products. People may be exposed to PFAS more easily from nonstick cookware and the flame retardant foams used by the military. (8) Environmental contamination occurs from PFAS contaminated waste-water at facilities where products containing PFAS are used, processed or manufactured.

      To provide concrete examples, we may be ingesting PFAS through:

      Food- When hot food is placed in takeout containers and/or fast food wrappers made with PFAS chemicals, it allegedly triggers the rapid release of PFAS chemicals which we ingest when we consume the food. We are exposed in the same way when we consume food that was cooked in nonstick cookware. We also ingest PFAS through dust and hand-to-mouth contact with cosmetics, textiles, and lotions. We may also become exposed by consuming fish, livestock or wildlife grown on or raised in contaminated soil or water. Nursing mothers can pass PFAS to their infants via breastmilk.

      Water- One-third of Americans are drinking water from public drinking water systems and private drinking water wells contaminated with PFAS. Contamination can occur from runoff from firefighting foams, from irresponsible manufacturing practices, and even from the laundering of PFAS-laden clothing and textiles. PFAS exposure can occur from showering/bathing as human skin can absorb PFAS.

      Air- PFAS are highly mobile and disperse through indoor and outdoor air. Walking on carpet containing PFAS, wearing clothing treated with PFAS, or sitting on a stain-resistant sofa may cause the PFAS to become airborne, which in turn will settle on the dust we inhale.

   4. Who is at risk?

      Consumers, bystanders, workers, and people living on or near military bases, airports, manufacturing facilities, wastewater treatment plants, and other such facilities are at greater risk of exposure. These include:

      Workers- Workers at highest risk who inhale, swallow or have physical contact with PFAS are at the highest risk for exposure. Those who work the fields of industrial chrome plating, electronics manufacturing, oil recovery, the processing of flammable and combustible liquids, the production of cookware, fiberglass, plastic, paper, footwear, and carpeting products and fire-fighting foam are at greater risk of exposure. Workers who manufacture packaging for microwave popcorn, bags, sandwich wrappers, takeout containers, fast food wrappers are also at risk. Construction industry workers who use paints and sealants or who install treated carpets and furniture also have the potential for exposure.

      Bystanders- People living or working near military bases or airports where drinking water or groundwater is contaminated with PFAS may sustain exposure. Those whose main source of drinking water is in close proximity to manufacturing/processing plants, landfills, wastewater treatment plants, or firefighter training facilities are at risk. Babies born to mothers exposed to PFAS can be exposed during pregnancy and/or while breastfeeding.

      Consumers- Average consumers/users of stain and water-repellent fabrics, nonstick products, polishes, waxes, paints, cleaning products have shown the potential for exposure, as is anyone eating fish caught from water contaminated by PFAS. Users of certain personal care products and cosmetics like shampoos, conditioners, sunscreens, dental floss, nail polish, eye makeup can be added to the list. Users of grease-resistant paper, lunch meat paper, disposable plates and bowls, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers, and those who wear durable water repellant outdoor gear are included as well.

   5. Causation and Significant Research Studies

      Since PFAS chemicals have been widely used since the 1940's, scientists have had the benefit of time to study and generate a still-growing body of research to determine the health impacts associated with PFAS exposure. So much has been written on the subject that there was even a published study, (9) funded by a Battelle Memorial Institute Independent Research and Development grant, to determine the exact number of studies that have actually been conducted. More than 1,000 studies over the past 40 years, including some commissioned by the military, have been conducted. Manufacturers such as DuPont and 3M conducted own studies in the 1960s and 1970s; these showed that PFAS had the potential to cause adverse health effects in animals and potentially humans as well. (10) Since 2005, most of the large scale PFAS epidemiology research in the United States has been conducted by a scientific panel called the C8 Science Panel. This panel was formed as part of a class action lawsuit against DuPont. (11) The currently accepted scientific research points to the conclusion that exposure to high levels of certain PFAS "may" pose adverse health risks to humans. (12)

      While there is nothing conclusive and there remains much to be studied on PFAS, the following studies of concern led the U.S. Environmental Protection Agency (EPA) to declare that PFAS may have the potential to cause health concerns:

      Year Study 1956 Stanford University study finds that PFAS binds to proteins in human blood. (13) Volunteers who smoke PFAS-laced cigarettes get "polymer fume fever." An "epidemic" of 1962...