Jeffrey Dintzer, left, and Gregory S. Berlin, right, of Alston & Bird.
The National Toxicology Program (NTP) for the U.S. Department of Health and Human Services recently released a Technical Report that found evidence of carcinogenic activity in laboratory rats exposed to perfluorooctanoic acid (PFOA). The NTP Technical Report may result in the listing of PFOA under California’s Proposition 65 as a carcinogen. Private toxic tort plaintiffs may also attempt to rely on the Technical Report in PFAS contamination lawsuits.
PFAS
Per- and polyfluoroalkyl substances (PFAS) are a family of synthetic chemicals that have been used for decades to make commonly used products, including nonstick cookware, food packaging, water- and wrinkle-resistant fabrics, and firefighting foam. They are known as “forever chemicals” because they resist degradation and are highly persistent in the environment. PFOA is one of the most widely produced and studied PFAS compounds.
