Document Type

Conference Paper

Publication Date

2025

Abstract

Plastics are taking over. Every day, humans are exposed to plastic pollutants in a variety of ways. From the water we use to water crops in the field, to the water in our taps, to the liquids we drink from plastic containers, it can be found virtually anywhere you look. Not only is it everywhere in the environment, but it is also within us. It builds up in our bodies. Plastics have become a major public health concern; researchers estimate that the total healthcare cost related to plastic chemicals may be as much as $250 billion.[1]

Water has always been an avenue for harmful substances to enter the human body and detrimentally affect health. Early on it was through waterborne illnesses, but thanks to the disinfection process in water treatment plants, waterborne illnesses in the United States are no longer the major threat they once were.[2] Now, plastic contaminants can enter these water sources and can slip past water treatment if not properly addressed.[3] Sometimes, the plastic contaminants are part of the packaging of our food and beverages, slowly leaching in prior to being consumed directly.[4] Other times, the plastics are found in the food we eat because that food was grown with fertilizer made of sewage sludge or the fish being consumed were caught from an ocean riddled with plastics.[5]

There are tens of thousands of unregulated industrial substances manufactured and used in the United States.[6] This Article focuses on three specific to plastic and its manufacturing process: microplastics, phthalates, and BPAs. These substances have been attributed to many known health harms and potentially more that have yet to be identified. The research is still new and much is emerging, but what we do know is who is creating the problem. From big oil companies and plastics manufacturers to creators of textiles and tires to investors who all contribute to the problem, how can these entities be held accountable for the problems they caused? Existing regulations do not encompass much, with federal agencies less able to act due to Congress and the courts.

One path that could hold manufacturers accountable for the products that are raising public health red flags is through Extended Producer Responsibility (EPR).[7] This places the burden on manufacturers to take responsibility for their products at all stages of the product’s lifecycle.[8] Public health litigation (PHL) can deter manufacturers by holding them accountable for health harms.[9] Extended Producer Responsibility and Public Health Litigation can work together: once EPR laws and standards are in the books, plaintiffs can use PHL to further their efforts by making sure manufacturers are following the rules.

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