News Alert

Samantha Delice

Senator Kirsten Gillibrand (D‑NY) and Congresswoman Madeleine Dean (D‑PA‑04) have reintroduced the PFAS Accountability Act, a federal bill that would create a new cause of action for individuals significantly exposed to PFAS (“forever chemicals”) and authorize courts to award medical monitoring. The legislation, marks the latest effort to establish nationwide PFAS liability standards after similar proposals failed in prior congressional sessions.

The bill would amend the Toxic Substances Control Act (TSCA) to allow individuals who have been “significantly exposed” to PFAS—or who have reasonable grounds to suspect such exposure—to bring suit individually or as a class in federal district court. Claims could be asserted against any entity involved in manufacturing the PFAS at issue that foresaw, or reasonably should have foreseen, resulting human exposure.

The legislation creates rebuttable presumptions of significant exposure, including where PFAS was released into areas where an individual would have been exposed for at least one cumulative year, or where testing shows PFAS present in the individual’s body. Defendants may rebut the presumption with independent testing.

Courts would be authorized to award medical monitoring upon a showing that exposure increased the risk of disease and that additional medical examinations would be effective in detecting PFAS‑related conditions. Where scientific data is insufficient, courts may temporarily lower the standard of proof and may order studies to determine whether exposure increased disease risk.

The bill defines PFAS broadly—any substance with at least one fully fluorinated carbon atom—potentially expanding the scope of covered chemicals beyond existing EPA regulatory definitions.

If enacted, the PFAS Accountability Act would materially expand litigation exposure for PFAS manufacturers and related entities by creating a new federal cause of action, easing plaintiffs’ evidentiary burdens, and authorizing medical‑monitoring awards even in the absence of present physical injury. Companies involved in PFAS production, use, or historical disposal should monitor the bill closely as it moves through Congress.

To read the full text of the PFAS Accountability Act, click here.