5 Key Takeaways | Federal Court Standing in Cases Alleging Consumer Products that Contain Harmful Chemicals (like PFAS or BPA) or Fail to Contain the Advertised Level of Key Compounds – JD Supra

Report on Legal Standing in Consumer Product Litigation and its Implications for Sustainable Development Goals

Introduction: Aligning Corporate Accountability with Global Sustainability Targets

• Legal challenges concerning harmful chemicals in consumer products, such as PFAS and BPA, represent a critical mechanism for advancing the United Nations Sustainable Development Goals (SDGs).
• These cases directly address corporate responsibility in safeguarding public health and environmental integrity, aligning with SDG 3 (Good Health and Well-being), SDG 6 (Clean Water and Sanitation), and SDG 12 (Responsible Consumption and Production).
• A presentation at the 2025 ANA Masters of Advertising Law Conference outlined key legal precedents that shape how corporations are held accountable for product safety and advertising claims, which are central to achieving these global goals.

The Requirement of Concrete Injury: A Link to SDG 3 and SDG 12

1. For a legal claim to proceed, a plaintiff must demonstrate a concrete and tangible injury. This standard reinforces SDG 3 by focusing on actual or imminent harm to consumer health from hazardous chemicals.
2. This principle prevents litigation based on products a plaintiff did not purchase or use, ensuring that legal actions are directly tied to specific instances of consumption and potential harm, a core tenet of responsible consumption patterns under SDG 12.

Evidentiary Standards for Product Testing: A Challenge for SDG 12 Enforcement

• Judicial perspectives vary on the necessity of testing a plaintiff’s specific purchased item to establish legal standing, creating a complex landscape for enforcing SDG 12.
• Some courts mandate direct testing of the plaintiff’s own product to prove unsafe chemical levels or discrepancies with advertised content. This stringent standard can create barriers to holding corporations accountable for irresponsible production.
• Conversely, other courts accept statistically valid testing of the same product line, purchased in temporal proximity, as sufficient. This approach may facilitate broader enforcement of responsible production standards and protect consumers.

Ensuring Data Integrity to Support Sustainable Production and Consumption

• The credibility of testing data is paramount and directly impacts the enforcement of sustainable production practices. Legal standing can be challenged if it relies on non-specific, third-party testing with questionable methodologies, undermining efforts related to SDG 12.
• Key considerations for validating claims and promoting transparency include:
  1. Who commissioned or performed the test (e.g., an independent third party or plaintiff’s counsel)?
  2. Was the specific challenged product tested, including specific varieties and lots?
  3. What was the time period of the testing relative to the plaintiff’s purchase?
  4. Did the test yield clear and consistent results across all challenged product samples?

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

   The article discusses legal challenges related to consumer products containing harmful chemicals and misleading advertising. This connects to several SDGs focused on health, responsible consumption, and justice.

   • SDG 3: Good Health and Well-being

     The core issue of the article revolves around “Consumer Products That Contain Harmful Chemicals (like PFAS or BPA).” These substances are known to have adverse effects on human health, directly linking the topic to the goal of ensuring healthy lives and promoting well-being.

   • SDG 12: Responsible Consumption and Production

     The article touches upon two key aspects of this goal. Firstly, the presence of “harmful chemicals” in products relates to the need for sound management of chemicals. Secondly, the mention of products that “fail to contain the advertised level of key compounds” speaks directly to the need for accurate information for consumers to make sustainable and safe choices.

   • SDG 16: Peace, Justice and Strong Institutions

     The entire article is framed within a legal context, discussing “Federal court standing,” the requirements for a “plaintiff” to sue, and how a “complaint” is evaluated. This directly relates to the goal of providing access to justice for all and building effective, accountable institutions at all levels.

   • SDG 6: Clean Water and Sanitation (Implied)

     Although not directly mentioned, the specific chemical cited, PFAS, is a well-known and persistent water contaminant. The presence of PFAS in consumer products is a primary pathway for these chemicals to enter the environment and contaminate water sources, thus implying a connection to this goal.

2. What specific targets under those SDGs can be identified based on the article’s content?

   Based on the issues discussed, several specific SDG targets can be identified:

   • Target 3.9

     “By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination.” The article’s focus on litigation over “harmful chemicals (like PFAS or BPA)” in consumer goods is directly aimed at addressing the health risks posed by such hazardous substances.

   • Target 12.4

     “By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle…and significantly reduce their release to air, water and soil in order to minimize their adverse impacts on human health and the environment.” The legal cases described are a response to the failure to properly manage harmful chemicals like PFAS and BPA in the production of consumer goods.

   • Target 12.8

     “By 2030, ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature.” The article mentions cases where products “fail to contain the advertised level of key compounds.” Such litigation addresses the problem of misinformation, which prevents consumers from making informed and safe purchasing decisions.

   • Target 16.3

     “Promote the rule of law at the national and international levels and ensure equal access to justice for all.” The article is a detailed analysis of “Federal court standing,” which is a procedural barrier that determines a plaintiff’s ability to access the justice system to seek remedy for harm caused by a product. It explores the mechanisms and challenges of seeking justice in this specific area.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

   The article does not mention official SDG indicators, but it strongly implies a method of measurement that serves as a de facto indicator for corporate accountability and product safety.

   • Implied Indicator: Results from product testing

     The article repeatedly emphasizes the importance of testing to establish a legal claim. It discusses whether a plaintiff’s “own product was tested and showed unsafe levels of the compound (or levels differing from the amount claimed on the packaging)” and the validity of “statistically valid testing of the specific product.” Therefore, an implied indicator for measuring the prevalence of harmful or mislabeled products is:

     The prevalence and results of systematic, third-party testing of consumer products for the presence of hazardous chemicals and the accuracy of advertised ingredients.

     This can be used to measure progress toward Target 3.9 (reducing illness from chemicals) and Target 12.4 (sound management of chemicals) by quantifying the extent of the problem in the marketplace.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article. In this table, list the Sustainable Development Goals (SDGs), their corresponding targets, and the specific indicators identified in the article.

   SDGs	Targets	Indicators (Implied from Article)
   SDG 3: Good Health and Well-being	Target 3.9: Substantially reduce illnesses from hazardous chemicals and pollution.	The prevalence and results of testing consumer products to determine if they contain “unsafe levels” of harmful chemicals (e.g., PFAS, BPA).
   SDG 12: Responsible Consumption and Production	Target 12.4: Achieve the environmentally sound management of chemicals to minimize adverse impacts on human health.
   SDG 12: Responsible Consumption and Production	Target 12.8: Ensure people have relevant information for sustainable development.	The results of testing products to verify if they contain the “advertised level of key compounds.”
   SDG 16: Peace, Justice and Strong Institutions	Target 16.3: Promote the rule of law and ensure equal access to justice for all.	The number and outcomes of legal challenges related to consumer product safety and advertising, reflecting the functioning of access to justice.

Source: jdsupra.com