On August 15, Illinois Gov. JB Pritzker signed nearly 270 bills into law, including legislation expanding jurisdiction for claims of exposure to "toxic" substances, as well as two new laws regulating the use of PFAS.
Expanded Jurisdiction in Toxic Tort Litigation
In a significant win for the plaintiff trial bar, Senate Bill 328 significantly expands the
jurisdiction of Illinois courts in cases alleging chemical
exposure, inviting out-of-state plaintiffs to avail themselves of
Illinois state courts. So long as at least one defendant company is
headquartered or formed "at home" in Illinois, such suits
may now proceed against any business registered to do business in
the state, even if the plaintiff resides out of state, the alleged
exposure occurred outside Illinois, and the defendant company is
not "at home" in the state. The law specifically applies
to claims of exposure to "toxic" substances, defined
broadly as "any substance (other than a radioactive substance)
which has the capacity to produce bodily injury or illness to man
through ingestion, inhalation, or absorption through any body
surface."
The requirement that at least one defendant be "at home"
in Illinois is unlikely to limit the influx of out-of-state
litigants, given that toxic tort cases often involve multiple
defendants and that an in-state defendant is often joined to defeat
federal diversity jurisdiction.
The law, which is effective immediately, follows a U.S. Supreme Court decision upholding a similar
Pennsylvania statute. Companies registered to
do business in Illinois should evaluate their registration to
determine whether continued registration is necessary to their
business.
Expanded Regulation of Products Containing PFAS
The recently signed House Bill 2409 and House Bill 2516 expand the Illinois PFAS
Reduction Act, which already regulates Class B firefighting foam
containing intentionally added PFAS.
House Bill 2409 targets the use of PFAS in firefighting personal
protective clothing. Beginning January 1, 2026, sellers of such
clothing in Illinois must provide purchasers with written notice
disclosing the presence and purpose of PFAS in firefighting
clothing. Effective January 1, 2027, the law prohibits the
manufacture, sale, and distribution of firefighting clothing
containing intentionally added PFAS. This restriction further
expands on January 1, 2030, to include auxiliary firefighting
personal protective equipment, such as "self-contained
breathing apparatuses and other respiratory protection products,
hearing protection, protective communication devices, and fall
protection products."
House Bill 2516 bans the sale and distribution of certain consumer
products containing intentionally added PFAS, as of January 1,
2032. Affected products specifically include cosmetics, juvenile
products, dental floss, menstrual products, and intimate apparel.
The amendment defines "intentionally added PFAS" as those
"deliberately added" during manufacturing when "the
continued presence of the PFAS is desired . . . to perform a
specific function in the final product." Civil penalties apply
to any person who knowingly violates the ban, and to manufacturers
regardless of knowledge. Penalties are set at up to $5,000 for an
initial violation and up to $10,000 for subsequent violations.
Read more in the full issue of Material Concerns: Legal Updates on Substances of Emerging Concern >>
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