The regulatory framework for per- and polyfluoroalkyl substances (PFAS) continues to develop on the federal level and, to a lesser extent, on the provincial level. As you may recall, there have been two recent enforcement actions against cosmetic companies for the use of PFAS in their products.
Developing more quickly is litigation, including many class action lawsuits involving PFAS.
Significant Proposed or Pending Class Actions Involving PFAS
- In 2024, the British Columbia government filed a proposed national class action in the Supreme Court of British Columbia against manufacturers of PFAS substances. Source: Osler.
- A lawsuit brought against the Government of Canada, specifically the Department of National Defence (DND) and the Corporation of the City of North Bay, alleging that both entities are responsible for PFAS contamination originating from a contaminated site. Source: Mann Lawyers.
- A class action regarding the presence of PFAS in the groundwater supplying drinking water wells in portions of the Town of Torbay and the Town of Logy Bay–Middle Cove–Outer Cove, Newfoundland and Labrador. Source: McInnes Cooper.
- In 2024, a representative plaintiff filed a proposed class action against 3M, Dupont, and other defendants (Lynch v. 3M) alleging that the defendants were aware of the risks posed by PFAS to human health and the environment but continued to manufacture and distribute these chemicals, resulting in widespread contamination and harm to the plaintiff and class members’ drinking water systems. Source: McLennan Ross.
- Additionally, there are numerous nuisance lawsuits involving PFAS. One national lawsuit is focused on PFAS in Trojan condoms.
Other lawsuits involving PFAS include water-resistant clothing, food packaging, baby products, and others focused on labeling and consumer deception.
Since 2020, our neighbours to the south in the United States have seen over 100,000 PFAS lawsuits filed. Most of these were related to aqueous film-forming foam, or AFFF. Source: Innovation News Network. PFAS in AFFF is the focus of Canada’s Risk Management Approach (Phase 1). See our October 15, 2025, blog.
The potential liability surrounding PFAS is immense. Globally, the liability is in the billions of dollars.
Potential Sources of PFAS
The government of Canada lists the following products as potential sources of PFAS:
- Fire-fighting foams
- Food packaging materials
- Drugs, including natural health products and non-prescription drugs
- Medical devices
- Cosmetics
- Pesticides
- Textiles
- Carpets, furniture, and clothing
- Vehicles
- Electronics
- Paints, coatings, and building materials
- Cleaning products, waxes, and polishes
The potential liability surrounding PFAS is immense. Globally, the liability is in the hundreds of billions of dollars and is evidenced by the list above. This liability touches thousands of companies.
What Should You Do?
It remains important to follow the federal and provincial PFAS regulations. We will continue to monitor and provide information as these regulations develop. As we previously stated, there has been enforcement action under the Canadian Environmental Protection Act against the cosmetic companies for the use of PFAS in their products.
Also, consider the products you provide, purchase, or use, as well as the potential that your property (or property that you may be purchasing) could have been impacted by PFAS. To underscore how widespread potential sources of PFAS are, even gases from landfills may be a source of PFAS emissions (see our US Blog).
You may want to discuss this with your legal counsel as well, as they can help you evaluate your potential liability.
Dragun Corporation has been involved in numerous PFAS projects (site assessments, site remediation, data evaluation, and litigation support). We can provide you with technical assistance. For more information or for assistance, contact Christopher Paré, P.Geo., at 519-948-7300, Ext. 114.
Also see our PFAS Resources page.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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