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Tuesday, May 28, 2024
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Climate|Lawyers to Plastics Makers: Prepare for ‘Astronomical’ PFAS Lawsuits

https://www.nytimes.com/2024/05/28/climate/pfas-forever-chemicals-industry-lawsuits.html
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LAWYERS TO PLASTICS MAKERS: PREPARE FOR ‘ASTRONOMICAL’ PFAS LAWSUITS

At an industry presentation about dangerous “forever chemicals,” lawyers
predicted a wave of lawsuits that could dwarf asbestos litigation, audio from
the event revealed.

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A 3M plant on the Mississippi River. The company has faced legal action over
manufacturing the chemicals.Credit...E. Jason Wambsgans/Chicago Tribune, via
Getty Images

By Hiroko Tabuchi

May 28, 2024Updated 7:14 p.m. ET

The defense lawyer minced no words as he addressed a room full of
plastic-industry executives. Prepare for a wave of lawsuits with potentially
“astronomical” costs . Speaking at a conference earlier this year, the lawyer,
Brian Gross, said the coming litigation could “dwarf anything related to
asbestos,” one of the most sprawling corporate-liability battles in United
States history.

Mr. Gross was referring to PFAS, the “forever chemicals” that have emerged as
one of the major pollution issues of our time. Used for decades in countless
everyday objects — cosmetics, takeout containers, frying pans — PFAS have been
linked to serious health risks including cancer. Last month the federal
government said several types of PFAS must be removed from the drinking water of
hundreds of millions of Americans.

“Do what you can, while you can, before you get sued,” Mr. Gross said at the
February session, according to a recording of the event made by a participant
and examined by The New York Times. “Review any marketing materials or other
communications that you’ve had with your customers, with your suppliers, see
whether there’s anything in those documents that’s problematic to your defense,”
he said. “Weed out people and find the right witness to represent your company.”

A spokesman for Mr. Gross’s employer, MG+M The Law Firm, which defends companies
in high-stakes litigation, didn’t respond to questions about Mr. Gross’s remarks
and said he was unavailable to discuss them.



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A wide swath of the chemicals, plastics and related industries are gearing up to
fight a surge in litigation related to PFAS, or per- and polyfluoroalkyl
substances, a class of nearly 15,000 versatile synthetic chemicals linked to
serious health problems.

PFAS chemicals have been detected almost everywhere scientists have looked: in
drinking water, in rain falling over the Great Lakes, even in Antarctic snow.
They are thought to be present in the blood of nearly every American.
Researchers have linked exposure to PFAS to testicular and kidney cancers,
developmental delays in children, decreased fertility, liver damage and thyroid
disease. The man-made chemicals are so long-lasting that scientists haven’t been
able to reliably identify how long it might take for them to break down.

Subscribe to The Times to read as many articles as you like.



Hiroko Tabuchi covers the intersection of business and climate for The Times.
She has been a journalist for more than 20 years in Tokyo and New York. More
about Hiroko Tabuchi

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