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FIND OUT MOREPartner Sylvie Gallage-Alwis comments on the PFAS-related lawsuits against foam manufacturer Angus Foam, and the likely outcome for corporates. Sylvie's comments were published in The ENDS Report on 30 July 2024, and can be found here.
Firefighting foam manufacturer, Angus Fire, together with US parent company National Foam, have been facing a number of PFAS-related lawsuits, in the UK and in the US. In light of this, Partner Sylvie Gallage-Alwis spoke with ENDS Report about the potential outcome of the bellwether trials for National Foam.
Sylvie explained that, in her view, such bellwether trials may likely result in settlement, knowing that settlements happen often in the United States as compared to the rest of the world.
Sylvie commented: “On the company’s side, they have used a substance that was legal and for most companies, I would guess that they have complied with the law. So they will consider if they want to risk a decision by the court telling them that even if they complied with the law, they're supposed to pay damages, because X number of years later, it is alleged that there was a health issue related to that substance.
“Having this kind of precedent in my view, is very detrimental for companies, because they may fear that in the future there will be a precedent telling them, you've used something that is legal in a legal way, but nonetheless, you're going to pay. This is what happened in some jurisdictions for asbestos for instance."
Sylvie added: “In cases, it’s not about showing that there was a real causal link between a substance and your disease, it’s about informing on the risks associated with PFAS, with relevant reports saying that PFAS could create issues. Is it written on your product? Did you warn them? That’s an easier route for plaintiffs from a legal strategy standpoint in my view."
