Could you provide an overview of polyfluoroalkyl substances (PFAS) and microplastics? How prevalent are they in consumer products?
“In recent years, both per- and polyfluoroalkyl substances (PFAS), or ‘forever chemicals’, and microplastics have been mentioned in numerous headlines, first in the US and now in Europe, as being the origin of health and environment concerns. However, both PFAS and microplastics are prevalent in many consumer products. Microplastics are tiny plastic particles less than 5 millimetres in size. They can originate from larger plastic debris that degrades into smaller pieces or be manufactured as small particles. As described by the European Chemical Agency, PFAS are a large class of thousands of synthetic chemicals that are used throughout society. PFAS are found in items that require water, stain or heat resistance, while microplastics are common in products that involve plastic materials or synthetic fibres.”
To what extent are regulators taking action to address concerns surrounding PFAS and microplastics? How is this action leading to a rise in litigation?
“In France, numerous legislations have been recently passed against both PFAS and microplastics. The most recent is Law 2025-188 of 27 February 2025 banning PFAS from cosmetics, some textiles and ski wax, with debate over kitchen appliances.”
What common legal theories and claims are typically utilised in PFAS and microplastics litigation?
“Numerous civil and criminal complaints have been filed in France, in particular relating to the so-called Chemical Valley located next to Lyon, against companies such as Arkema and Daikin. Non-governmental organisations (NGOs) are especially active in France but also in the rest of the EU. For instance, on 27 May 2024, the association of NGOs known as Pesticide Action Network Europe revealed the results of a test campaign carried out in the waterways of 10 EU countries, results that will likely be used in future litigation to demonstrate exposure.”