Mass tort litigation in 2025 will see ongoing cases with traditional product liability claims, such as those involving “forever chemicals” (PFAS), Roundup, and baby formula causing necrotizing enterocolitis. New, novel claims may also arise, like lawsuits targeting social media platforms for promoting addiction and mental health issues among teens.
The rise of ultra-processed food lawsuits could also gain traction, though their success remains uncertain. These cases will shape the landscape of mass torts and possibly influence public health and corporate practices.
Here’s a detailed exploration of key cases to watch:
1. PFAS (Per- and Polyfluoroalkyl Substances) Litigation
PFAS, often labeled “forever chemicals” due to their persistence in the environment and human body, have become a central focus of mass tort litigation. Despite substantial settlements exceeding $11 billion by major chemical companies to U.S. water systems for PFAS contamination, the litigation continues to grow as personal injury claims mount.
Key Points:
- Thousands of claims are pending, predominantly from individuals who allege cancer diagnoses linked to exposure from PFAS-containing firefighting foams.
- The litigation is primarily centralized in federal court in South Carolina, where significant bellwether trials are set to begin, likely in 2025.
- Emerging claims might expand to include allegations of PFAS exposure from consumer products, such as packaging and carpets, illustrating the widespread nature of the issue.
- The potential for a variety of liability claims remains, with the implications of these cases likely to influence regulatory approaches to PFAS and similar chemicals in the future.
2. Social Media Litigation
Litigation against social media giants like Meta (Facebook), TikTok (ByteDance), and Google is gaining momentum due to accusations of contributing to teen addiction and mental health issues.
Key Points:
- Lawsuits initiated by families and school districts assert that these platforms have caused immense societal harm, necessitating significant expenditure on mental health and educational resources.
- A California federal judge has scheduled bellwether trials for October 2025, which will be pivotal in assessing the legal viability of claims that parallel traditional toxic torts.
- The outcomes may set a precedent for how technology companies are held accountable for their algorithms’ impact on users, particularly minors.
- The defendants maintain that they are taking adequate measures to protect users and deny the allegations.
3. Bayer’s Roundup Litigation
Bayer AG continues to confront ongoing litigation surrounding glyphosate, the active ingredient in its Roundup weedkiller. Despite an extensive $10.9 billion settlement in 2020 aimed to resolve numerous claims, more than 50,000 cases remain unresolved, with significant implications for the company’s future.
Key Points:
- Bayer has consistently denied causation between glyphosate and cancer, and while it has won many recent court decisions, it has also faced substantial jury verdicts, totaling billions.
- The potential for a U.S. Supreme Court review, especially given a recent circuit split on related legal interpretations, could significantly impact how the remaining cases are adjudicated.
- The continuation of these trials into 2025 will be crucial for Bayer to determine its legal strategy moving forward—whether to pursue further settlement negotiations or to continue contesting cases in court.
4. Preterm Infant Formula Litigation
The litigation surrounding infant formula designed for premature babies has garnered increased attention following significant jury verdicts against major manufacturers like Abbott and Reckitt Benckiser’s Mead Johnson.
Key Points:
- Plaintiffs allege that certain formulas increase the risk of necrotizing enterocolitis, a severe intestinal disease in premature infants. High-profile trials have resulted in large verdicts but also in defenses that challenge the science behind these claims.
- With close to 1,000 additional cases pending, the outcomes of future trials will be closely monitored by investors, medical professionals, and legal experts alike.
- The outcome of these claims could reshape regulatory standards for infant formulas and influence best practices in neonatology.
5. Ultra-Processed Food Litigation
The introduction of legal action concerning ultra-processed foods opens a new chapter in potential mass tort litigation, driven by health concerns linked to consumption patterns.
Key Points:
- A recent lawsuit filed by a young man in Pennsylvania accuses major food manufacturers of creating and marketing addictive processed foods, claiming they caused severe health issues, such as fatty liver disease and type 2 diabetes.
- The case presents unique challenges due to the lack of a clear definition for “ultra-processed foods” and the absence of specific harmful substances cited in the complaint.
- The effectiveness of this lawsuit—and the likelihood of similar cases emerging—remains uncertain, hinging on public health discourse and the legal definitions that might evolve around processed foods.
- If successful, such claims could revolutionize how food products are marketed and lead to broader public health implications.
Conclusion
In 2025, the mass tort litigation landscape will continue to evolve, with traditional cases like those involving PFAS, social media platforms, and glyphosate facing judicial scrutiny alongside emerging claims surrounding food products.
The outcomes of these cases could reshape industry practices, regulatory frameworks, and public health policy, making them critical to watch as they unfold.