We all want to keep our communities safe from chemicals that can pose a threat to the health of our constituents. However, we need to get the solution right and not settle on a one-size-fits-all approach. As currently written, the PFAS Action Act does not get it right, because it would impose Superfund liability under CERCLA on lifesaving and other medically beneficial products that have already undergone a rigorous approval process conducted by the U.S. Food and Drug Administration to ensure they are safe to use in medicine. To designate these lifesaving devices as a hazardous substance is inappropriate and may cost American lives. That is why I am disappointed that my amendment to exempt FDA- approved or -cleared products from liability under section 107 of CERCLA with respect to PFAS was not made in order. As a physician, I have firsthand experience with lifesaving medical devices that include PFAS, such as vascular grafts, stent grafts, heart patches, catheter tubes, and more. In fact, this medical device right here, which you see pictured behind me, is used to close what is called an atrial septal defect, a procedure used to close a hole in the heart. This product contains polytetrafluoroethylene, a PFAS. As a surgeon, I used to have to perform open heart surgery, with weeks of recovery and rehab for patients after this procedure. This device now allows it to be done sometimes as an outpatient.…
Larry Bucshon: “We all want to keep our communities safe from chemicals that can pose a threat to the health of our constituents.…”
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