As PFAS litigation continues to broaden, a recent Massachusetts federal decision offers useful guidance for companies evaluating potential exposure. Per- and polyfluoroalkyl substances (PFAS) (or so called “forever chemicals”) are a large class of thousands of synthetic chemicals that are characterized as environmental pollutants alleged to be carcinogens.
In Ryan, et al. v. The Newark Group, Inc., et al., the U.S. District Court for the District of Massachusetts dismissed all claims against an intermediate trucking and transportation company alleged to have contributed to PFAS contamination by transporting biosolids contaminated with PFAS containing materials to a composting facility. The ruling underscores that, even in high-profile PFAS cases, courts continue to require plaintiffs to demonstrate concrete facts establishing duty, knowledge, and foreseeability of exposure risks. Plaintiffs may not solely rely in their pleadings on generalized allegations that a defendant knew or should have known about PFAS-related risks.
Central to the court’s analysis was the trucker’s limited role as a transporter rather than a manufacturer, producer or distributor of PFAS-containing materials. The court emphasized that liability under Massachusetts law turns on whether a specific defendant knew, or reasonably should have known, that the materials contained PFAS and cargo posed a foreseeable risk of harm. Allegations that PFAS were widely discussed in regulatory or scientific circles were insufficient to prove or impute knowledge to the transporter absent specific facts showing awareness of a PFAS-related hazard when transported.
For manufacturers and downstream companies—such as firefighter protective turnout gear manufacturers, component suppliers, and distributors—this decision reinforces an important boundary on liability to non-chemical manufacturers in PFAS cases. Courts are increasingly rejecting efforts to extend liability beyond chemical manufacturers. Where a defendant’s involvement with a PFAS product is attenuated, plaintiffs must allege well-pleaded facts showing actual or constructive knowledge and a legally cognizable duty to ameliorate risk of harm. This ruling also reflects the court’s reluctance to ignore distinct roles within the supply chain and life cycle of the forever chemicals into a single theory of collective responsibility.
The court’s ruling in Ryan, et al. v. The Newark Group, Inc., et al. demonstrates that PFAS litigation can affect businesses far from the plants producing the chemicals. Litigation outcomes are highly fact-dependent and motion practice may depend on proving lack of knowledge, lack of control, and the limits of foreseeability for companies swept-up in PFAS claims. As PFAS litigation continues to evolve, decisions like this one help provide clarity on where courts may draw the line on liability.
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