This article is the third in a series of articles about per- and polyfluoroalkyl substances (PFAS). You can find our second article here: PFAS: evolving remedies for developers. Stephen Sykes and Fern Dempsey discuss the growing wave of litigation against companies over the use of PFAS in their products.
Recap: what are PFAS, and why have they become a growing concern?
PFAS are a large class of robust synthetic chemicals that have been used worldwide since the 1940s in a range of products, including firefighting foams and food packaging. Known for their persistence in the environment and resistance to degradation, these “forever chemicals” have raised concerns about widespread environmental contamination and the potential health risks linked to PFAS exposure. As legal scrutiny and regulations around PFAS tighten and regulatory intervention increases, a large number of manufacturing and retail companies are exposed to legal risk for their use and sale of “forever chemicals”, with class action claims on the rise.
Apple Faces Legal Scrutiny over PFAS in Watch Bands
Apple is facing a class action claim in the U.S. over allegations that certain Apple Watch bands contain harmful levels of PFAS. The case, filed on 21 January 2025 in North Carolina district court, seeks to represent all consumers who purchased affected products.
It is claimed that Apple knowingly sold smartwatch bands that may contain potentially harmful PFAS, while marketing its product as health-conscious and environmentally sustainable. The claimants argue that Apple was aware of the risks associated with PFAS, citing a 2022 company document in which the tech giant committed to phasing out the use of these chemicals, but failing to disclose which of its products contained them.
The claim further alleges that Apple continued to conceal information from consumers at the point of purchase, and had the claimants known about the use of PFAS, they would not have purchased the products.
Apple is accused of engaging in unlawful and fraudulent business practices and have taken unfair advantage over companies that either avoid PFAS or are transparent about their use.
Apple’s Response
Apple maintains that its products are safe, pointing to both internal and independent testing of the materials used in its smartwatch bands. Yet, as legal scrutiny over PFAS intensifies, the claim against Apple underscores broader concerns about corporate transparency and regulation of “forever chemicals” in consumer goods. If the claims are upheld, the company could face substantial financial penalties and reputational damage.
EU Advances Regulations on PFAS Amid Rising Litigation Risks
In response to mounting concerns over PFAS, the European Commission is advancing stricter regulations targeting their widespread use in consumer and industrial products. Key developments include:
- A proposed ban (or phased approach) of PFAS was initially proposed by five member states and EU regulators considered stricter PFAS restrictions. Following industry feedback and a public consultation in 2023, regulators are now assessing alternative approaches to reduce PFAS emissions while maintaining certain exemptions for critical applications.
- Building on the initial proposals and public consultation, the Europeans Chemicals Agency (ECHA) began conducting sector-by-sector evaluations to assess the potential impact of a PFAS ban. An update on the initiative was published on 20 November 2024, with provisional conclusions being reached for industries including consumer mixtures and miscellaneous consumer articles, cosmetics, ski wax, metal plating and manufacture of metal products and petroleum and mining. Discussions remain ongoing regarding exemptions for PFAS used in batteries, fuel cells, semi-conductors and medical devices. The current findings will contribute to a final consolidated opinion that will inform the European Commission’s decision on potential legislative changes.
- The recently adopted Packaging and Packaging Waste Regulation (PPWR) will impose limits on PFAS in food contact packaging, set to take effect by summer 2026. This regulation aligns with broader EU efforts to mitigate environmental contamination and health risks posed by PFAS.
- The European Environment Agency has raised concerns about PFAS contamination in European water sources, warning that it threatens the objectives of the EU’s Water Framework Directive. Efforts have been ongoing since 2022 to expand the list of PFAS monitored in surface and groundwater, however, this initiative has been met with resistance by numerous EU member states.
- The European Commission has introduced new restrictions under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) framework that will:
- Ban the sale and use of undecafluorohexanoic acid and related substances in consumer textiles, food packaging, waterproofing sprays, cosmetics and certain firefighting foams from 10 October 2026.
- Notably, these restrictions do not extend to applications in semiconductors, batteries or fuel cells for green hydrogen.
What does this mean for businesses in the UK?
Given the UK’s departure from the EU, it is essential to consider the potential impact of these developments on British businesses. While the UK now operates under its own regulatory framework post-Brexit, much of its legislation remains aligned with EU standards, particularly in environmental matters. According to Article 391 of the Trade and Cooperation Agreement between the UK and EU, both parties have committed to not weakening or reducing their levels of environmental protection in a manner that affects trade or investment. As the EU’s regulatory landscape around PFAS becomes stricter, with more industries facing restrictions and heightened scrutiny, UK companies must prepare for similar compliance obligations.
The growing legal and reputational risks, as demonstrated by the ongoing litigation against Apple over PFAS in its smartwatch bands, highlight the importance of transparency and the potential financial and consumer backlash companies face if they fail to disclose the use of these chemicals and explore the use of alternative non-PFAS substances in their products. As regulations intensify in the EU, UK businesses are likely to see similar measures introduced domestically in the near future. Therefore, staying proactive in mitigating legal liabilities and financial risks tied to PFAS will be crucial for companies looking to avoid costly consequences.
How can we help?
For more information or advice related to PFAS on your projects, please contact our Environmental Disputes team who can support you.
