California Could See A Slew Of Prop 65 Lawsuits Related To PFAS

With California’s addition of two per- and polyfluoroalkyl substances (PFAS) – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – to its Proposition 65 list, the state may have potentially paved the way for an explosion of lawsuits. “It confirms our … concern all along,” said Luke Wake, an attorney with the National Federation of Independent Business (NFIB) Small Business Legal Center in Sacramento. “We’ve continually raised concerns about Prop 65 as really creating open season for these plaintiffs’ … controlling attorneys, basically.” Proposition 65 is also known as the Safe Drinking Water and Toxic Enforcement Act and was passed in 1986. PFOA and PFOS were added to the Proposition 65 list in 2017 and warnings were required on products as of November 2018, according to a report in JD Supra.