Ales Bartl Interviewed for Chemical Watch Article on PFAS Litigation

Keller and Heckman Partner Ales Bartl was interviewed for the Chemical Watch News & Insight article, “PFAS litigation is on the rise in Europe. Could it match US levels?” The article explores why per- and polyfluoroalkyl substance (PFAS) litigation has been slower to develop in the European Union than in the United States, and what could drive further action in Europe. 

According to Ales, “the main reason why we have seen more [PFAS] cases in the US rather than in the EU is that in the European national legal systems, the affected individuals must typically prove a breach of a specific legislative act (EU or national) to be eligible for a damage claim, which may be difficult.”

When asked what might increase PFAS action in the EU, Ales pointed out that “lately the EU has been encouraging consumer class actions” and “PFAS and its various types and uses (including widespread PFAS such as PTFE) are getting increased public attention. As the scrutiny continues, this may also increase the risk of class actions,” he stated. 

“That said,” he continued, “we are of the view that although it is possible that we will see some rise in consumer class actions in the EU regarding PFAS, we do not expect this rise to be dramatic. In our view, the issues with respect to the most harmful and widespread PFAS (PFOA, PFOS…) have already escalated in the EU and with respect to other PFAS, and mainly fluoropolymers, it may be difficult for consumers to establish a damage claim because of the lack of objective damage.”

Ales also provided some final thoughts on how companies affected by PFAS pollution can mitigate risk: “Companies having PFAS in their portfolio (or on site) should carefully examine if they have implemented all administrative measures and best practices to mitigate any risk of damage to human health and the environment, including remediation of any residual environmental risks if they have ceased PFAS-related activities.”

To read the full article, please click here (subscription required).