Due to rising recent media attention on the issue, the public has become increasingly aware of the potential dangers of the widespread use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to human health and the environment. PFAS comprise over 4,700 synthetic chemicals, which have been in use since the 1950s due to their beneficial properties, such as high physical, chemical, and thermal resistance, as well as their ability to repel oil and water. These chemicals are found not only in industrial applications like firefighting foams but also in everyday consumer products such as dental floss, eye makeup, water-resistant fabrics, non-stick cookware, and stain-resistant coatings on carpets or upholstery.
Despite their useful properties, PFAS can also accumulate in organisms and persist in the environment, thus earning the label “forever chemicals”. Most public exposures to PFAS occur through the consumption of PFAS-contaminated water or food. This exposure poses potential harm to reproductive and endocrine systems, increasing the risk of certain cancers as well as causing developmental effects or delays in children.
Unsurprisingly, the growing awareness of the dangers of PFAS has led to a proliferation of class actions in the United States, with Canada following suit. Several US states and the US Environmental Protection Agency (EPA) have taken significant steps to regulate PFAS. While Canada is also taking steps to regulate these substances, it lags behind the US both in litigation and regulation. The developments in the United States may thus be telltale signs of the future regulatory and litigation landscape for PFAS in Canada.