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Construction industry and materials manufacturers gird for PFAS mass tort litigation as researchers target sources of exposure to forever chemicals

3/25/25

By: Noël Couch, Joshua G. Ferguson, Kevin G. Kenneally, Mike J. Rigelsky and Kevin M. Ringel

Researchers at the University of Massachusetts Lowell (UMass Lowell) are conducting a new study to assess per- and poly-fluoroalkyl substances (PFAS) in construction materials and the exposure levels among construction workers, bringing new attention to this issue that has already confronted many other industries. Those currently involved in the construction industry and the manufacturing, distribution and installation of such products should be aware of the focus of these new research efforts. The UMass Lowell study will reportedly evaluate PFAS in the blood, urine and stool of hundreds of construction workers, along with PFAS in more than 100 construction products. 

Known as “forever chemicals,” PFAS include a broad class of manmade, highly stable chemicals that allow products, such as paints, varnishes, adhesives, and glues to stick to surfaces, repel water, and enhance adhesion. While such capabilities are beneficial for building materials, there is a growing concern about the alleged harmful health effects of PFAS, including certain types of cancer. The construction sector is among other industries and groups on notice about the alleged impacts of PFAS, including the carpet industry, wearable technology manufacturers, the food industry, schools and athletes playing on turf fields, among others.  

PFAS are alleged to be found in construction materials including roofing, coatings, flooring, sealants, adhesives, glass fabrics, wires and cables, tape, timber-derived products, solar panels, artificial turf, seismic damping systems, paintings, solvents, wood finishes, window surface treatments, lubricants, cement as an additive, and gaskets, to name a few. By way of example, PFAS have been reported, in roofing, to resist weathering and reflect solar radiation from the structure; in coatings, to improve lacquers by protecting pigments, improving applications and increasing resistance; and, in glass, to increase durability and limit buildup of dust and debris.  

The U.S. Agency for Toxic Substances and Disease Registry reports that nearly all people in the United States have measurable amounts of PFAS in their blood. Comparable to the stated objectives of the UMass Lowell study, other research studies have examined possible relationships between the levels of PFAS in blood and the rates of harmful health effects. Individuals may be exposed to PFAS via ingestion, inhalation or placental transfer, while dermal absorption of PFAS may not appear to be a significant route of exposure for the general population. Furthermore, the risk of health effects may depend on various factors such as frequency and route of exposure, an individual’s sensitivity and access to safer water, among others. 

As the science evolves, so does the regulatory landscape at both the state and federal levels. On January 3, 2025, the Environmental Protection Agency (EPA) added nine additional PFAS to the Toxics Release Inventory. Facilities subject to reporting requirements for PFAS should be tracking their activities involving PFAS, including those recently added to the list. At the same time, states are enacting legislation aimed at reducing or eliminating PFAS in products, ranging from cleaning products to dental floss to construction and building materials. For example, Maryland approved a bill that prohibits installing, supplying, selling, soliciting or offering for sale playground surfacing materials that contain a material to which PFAS were previously intentionally added. Furthermore, global non-profit Green Seal announced a prohibition on PFAS in its certified paints and coatings, floor care products, adhesives and degreasers. 

In July 2024, the Journal of Hazardous Materials published research findings from a study which sampled a construction and demolition debris processing facility. The analyses of PFAS leaching from construction and demolition debris landfills raised concerns about disposal practices and the persistence of PFAS and potential for environmental release.  

While additional research is needed to understand any potential implications of PFAS, the UMass Lowell research purports an aim to assess the extent and sources of PFAS exposure specifically among construction workers. Notably, the study aims to account for the consideration that individuals may be exposed to PFAS from sources unrelated to the construction industry by collecting information from workers about their diets, lifestyles and residences. 

FMG represents clients in complex litigation, defending against claims that allege injury from PFAS exposure and a variety of other claims that affect the construction industry. As professionals in the field focused on client representation when it counts, FMG stays informed and knowledgeable about the science of PFAS and its effects on human health as it relates to your specific industry. For more information, contact Noël Couch at noel.couch@fmglaw.com, Mike J. Rigelsky at mike.rigelsky@fmglaw.com, Kevin G. Kenneally at kevin.kenneally@fmglaw.com, Joshua G. Ferguson at joshua.ferguson@fmglaw.com or Kevin M. Ringel at kevin.ringel@fmglaw.com.  

Reference to UMass Lowell study: New Study to Measure PFAS Exposure Among Construction Workers | UMass Lowell