“Forever Chemicals”, often referred to by the acronym “PFAS” (per- and polyfluoroalkyl substances), have been in the headlines for years now.  The defense industry has been bracing for an onslaught of these suits for some time.  While there has certainly been PFAS litigation in both the US and abroad, the tidal wave of lawsuits on the scale of past asbestos litigation has yet to materialize—perhaps until now.

According to the EPA, PFAS are widely used, long lasting chemicals, components of which break down very slowly over time.[i] Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world and are present at low levels in a variety of food products and in the environment.[ii] PFAS are found in water, air, fish, and soil at locations across the nation and the globe.[iii] Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.[iv] There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products.[v] This makes it challenging to study and assess the potential human health and environmental risks.

What seemed missing in PFAS litigation was a recognizable and ubiquitous product that was the conduit for such allegations and could alarm the public to sit up and take notice.  Now, much like the warning signs of the tide going out before a tsunami, cases are being filed alleging that some of the most common household products are potentially the delivery systems for harm.  Behold: the Ziploc bag.  Packed in nearly every school lunch in America for half a century, this type of product could be the start of something big related to PFAS litigation.

On April 25, 2025, a class-action complaint was filed in California against S.C. Johnson & Son Inc., alleging Ziploc-brand bags marketed as “microwave safe” and “freezer friendly” release microplastics.[vi] On S.C. Johnson’s website, in the Ziploc product description, it claims that some of the bags are made of low-density and linear low-density polyethylene that can withstand both heat and freezing. The complaint, however, asserts these materials shed microplastics without any warnings provided.[vii] The complaint also alleges that consumers were misled by the labeling and exposed to potential health risks, including cancer, reproductive, digestive, and immunological harm.[viii]

The complaint cites several studies showing the health risks of microplastic exposure. For example, a 2023 study by American Chemical Society found one square centimeter of plastic containers can release up to 4.22 million micro/nano plastic particles within just under three minutes of microwave heating, with a similarly high release during refrigeration over months.[ix] The complaint highlights two other studies linking microplastics to gastrointestinal cancers, and developmental and cardiovascular harm.[x] Moreover, polyethylene and polypropylene containers have been found to shed millions of particles per liter under heat or cold stress.[xi] Recent studies have confirmed the presence of microplastics in tissues, such as blood, which align with potential health risks due to microplastic exposure.[xii]

S.C. Johnson has not filed an answer yet; however, S.C. Johnson has made statements in response to the allegations. They asserted to USA Today, “We believe Ziploc products are safe when used as directed and the claims in this lawsuit are without merit.”[xiii] S.C. Johnson has emphasized compliance with the U.S. Food and Drug Administration (FDA) protocols.[xiv] S.C. Johnson addressed concerns of dioxin formation by asserting that kitchen microwave temperatures cannot reach levels necessary to create such chemicals, and all Ziploc brand products are “100% dioxin-free.”[xv]  A 2024 Mamavation consumer study tested 11 plastic sandwich bags for total fluorine, a proxy for PFAs[xvi], and found Ziploc to be the only brand tested that showed no detectable levels.[xvii]  PFAs, or per- and polyfluoroalkyl substances, are synthetic compounds that persist in the environment and human body for years. Additionally, the defense is likely to emphasize how there is not much direct evidence establishing causality.

The Ziploc case represents a growing legal trend regarding plastic product safety. The Ziploc lawsuit is not an isolated event. On January 31, 2025, a claim was filed against FIJI water for a similar complaint that the “natural artesian” bottled water contained microplastics.[xviii] These types of claims are likely to continue to surface, including a potential comparison to mass torts such as asbestos litigation.[xix] The comparison is apt because many of these chemical and plastic components are used in everyday products. These lawsuits tend to target misleading marketing and the health and environmental impact these chemicals have. The Ziploc microplastics lawsuit shows the current focus in consumer protection. Like asbestos suits, the current microplastics and PFAS litigation may likely extend to a vast range of manufacturers.

Perhaps the recent case filings are much ado about nothing and suits will remain both isolated and suspect once the science develops to confirm or disprove levels of harm.  However, this may be wishful thinking.  One only has to look back to the naïve optimism of the tobacco industry, or asbestos manufacturers of decades past who failed to heed warnings of coming litigation. Only time will tell if the innocuous Ziploc bag proves to be the start of another mass tort storm.

Delaney Counsman co-authored and is a law clerk in Tyson & Mendes’ 2025 clerkship program.

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Sources

[i] U.S. Envtl. Prot. Agency, PFAS Explained, EPA (last updated Jan. 7, 2025), https://www.epa.gov/pfas/pfas-explained

[ii] Id.

[iii] Id.

[iv] Id.

[v]  Id.

[vi] Food & Wine, Ziploc Class-Action Lawsuit Alleges Microplastics in Bags, (last updated May 2025), https://www.foodandwine.com/ziploc-class-action-lawsuit-microplastics-11733092

[vii] Id.

[viii] NBC Bay Area, Ziploc Lawsuit Over Undisclosed Microplastics, (May 2025), https://www.nbcbayarea.com/news/national-international/ziploc-lawsuit-undisclosed-microplastics-2/3867516/.

[ix] Id.

[x] Jiaqi Shi et al., The Impact of Microplastic Exposure on Gastrointestinal Tract Cancers: A Comprehensive Review, 16 Cancers 3703 (2024), https://www.mdpi.com/2072-6694/16/21/3703;
Nur Hanisah Amran et al., Exposure to Microplastics During Early Developmental Stage: Review of Current Evidence, 10 Toxics 597 (Oct. 10, 2022), https://doi.org/10.3390/toxics10100597.

[xi] Dunzhu Li et al., Microplastic Release from the Degradation of Polypropylene Feeding Bottles During Infant Formula Preparation, 1 Nature Food 746, 746 (Nov. 2020), https://doi.org/10.1038/s43016-020-00171-y;
Chen et al., Plastic Bottles for Chilled Carbonated Beverages as a Source of Microplastics and Nanoplastics, Sci. Total Environ. (Aug. 15, 2023), https://www.sciencedirect.com/science/article/abs/pii/S0043135423006796;
Zhao et al., Microplastics Release from Infant Feeding Bottles and Milk Storage Bags, Sci. Total Environ. (2025), https://www.sciencedirect.com/science/article/abs/pii/S0956713524006388.

[xii] Yan Zhang et al., Microplastic Exposure and Health Risk: A Review of Epidemiological and Clinical Evidence, 312 Sci. Total Env’t 152357 (2022), https://pubmed.ncbi.nlm.nih.gov/35523089/.

[xiii] Kelly Tyko, Ziploc Class-Action Lawsuit Claims Microplastics, PFAS in Bags, USA Today (May 12, 2025), https://www.usatoday.com/story/money/2025/05/12/ziploc-class-action-lawsuit-microplastics/83577508007/.

[xiv] SC Johnson, Statement: There Is No Migration of Dioxins from SC Johnson Plastic Products, SC Johnson (2025), https://www.scjohnson.com/en-eu/newsroom/statements/sc-johnson-statement-there-is-no-migration-of-dioxins-from-sc-johnson-plastic-products.

[xv] Id.

[xvi] Yanping Wang et al., Microplastics in Drinking Water: A Review on Occurrence, Toxicity, and Identification, 57 Environ. Sci. & Technol. 12345 (2023), https://pubs.acs.org/doi/10.1021/acs.est.2c05198.Id.

[xvii] Mamavation, PFAS: The Forever Chemical Found in Consumer Goods, (2024), https://mamavation.com/pfas-forever-chemical-consumer-studies;
Oliver Milman, Plastic Sandwich Bags Containing PFAS Chemicals, Study Finds, Guardian (Mar. 14, 2024), https://www.theguardian.com/environment/2024/mar/14/plastic-sandwich-bags-pfas-chemicals.

[xviii] Newsweek, Fiji Water Lawsuit Raises Concerns About Microplastics (2024), https://www.newsweek.com/fiji-water-lawsuit-raises-concerns-about-microplastics-2026671.

[xix] Hiroko Tabuchi, Lawsuits Target ‘Forever Chemicals’ in Industry, N.Y. Times (May 28, 2024), https://www.nytimes.com/2024/05/28/climate/pfas-forever-chemicals-industry-lawsuits.html.