Contamination Class Actions

Contaminant Class Actions: What Every Defense Attorney for an FDA-Regulated Consumer Industry Needs to Know About PFAS, Heavy Metals, and Titanium Dioxide

October 16, 2023 2:00pm

Dale Giali
Partner
King & Spalding LLP

Aliza R. Karetnick
Partner
Ballard Spahr LLP

Contaminants such as PFAS – forever chemicals, heavy metals, and other trace substances are spawning a new breed of highly aggressive class action litigation. They are affecting almost every industry but are of particular concern to the FDA-regulated consumer goods sector. What’s more, the plaintiffs’ bar has begun bringing putative class actions alleging that the presence of Titanium Dioxide makes consumer products unsafe. This panel will examine recent contaminant class actions affecting these industries and provide insights on what to do if your company is hit with one of these lawsuits. This panel will examine:

PFAS, Heavy Metals & Other Trace Chemicals
  • Understanding the legal nuances of contaminant litigations – How are these lawsuits different from other class action claims?
  • What theories are plaintiffs relying on in these claims, and what defense strategies are proving to withstand the latest plaintiff challenges?
  • Examining how product testing/sourcing and recorded regulatory approval can yield additional strategies for class-action defense of PFAS and other related trace chemical lawsuits

Spotlight on Titanium Dioxide: The Latest Target in FDA-Regulated Consumer Product Class-Action Lawsuits
  • Examining the rising trend of Titanium Dioxide class actions being brought across the food, cosmetic and supplements industry
  • Common themes, allegations and takeaways
  • How companies and their counsel should be reviewing product formulations and label claims to mitigate litigation risks associated with the presence of TiO2