Legal Triumph for Chemical Giants: 3M, Corteva Inc.’s E.I. du Pont de Nemours, and other persistent “forever chemicals.” producers won a crucial legal victory on Monday. The 6th U.S. Circuit Court of Appeals in Cincinnati rejected a lower court’s decision to allow 11.8 million Ohioans to sue these firms.
The appeals court found fault with the broad nature of the class action, stating that lead plaintiff Kevin Hardwick’s complaint lacked specificity. Hardwick failed to establish a direct link between the presence of per- and polyfluoroalkyl substances (PFAS) in his body and the actions of defendants like 3M and DuPont. The court criticized the ambitious scope of the case, noting that it accused numerous companies collectively without pinpointing the actions of any one company.
Circuit Judge Raymond Kethledge emphasized the lack of basis for such an expansive case, considering the multitude of companies involved in PFAS manufacturing. The court directed the lower court to dismiss Hardwick’s lawsuit, which sought to compel companies to fund studies on the health impacts of PFAS and establish a monitoring fund for Ohio residents.
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3M expressed satisfaction with the court’s decision. However, Robert Bilott, an attorney for Hardwick, contested the ruling, stating it contradicts the known history of PFAS manufacturing in the United States. The possibility of an appeal is under evaluation.
The lawsuit is part of a broader trend, with thousands of cases filed against companies like 3M and DuPont over alleged PFAS contamination. Earlier, 3M agreed to a $10.3 billion settlement in June related to claims of polluting public drinking water with PFAS. Similar deals were reached by Chemours Co, DuPont, and Corteva with U.S. water providers for $1.19 billion.
The U.S. Environmental Protection Agency recognizes PFAS as an “urgent public health and environmental issue” and has taken regulatory steps, particularly concerning PFAS in drinking water.
Our Reader’s Queries
Does Dupont still use PFAS?
At the moment, our company’s utilization of PFAS is restricted. We have implemented rigorous systems, procedures, and guidelines to guarantee the safe and responsible use of PFAS, while also minimizing its usage to the greatest extent possible.
How do you avoid Dupont products?
To steer clear of harmful chemicals, swap out nonstick pans for stainless steel, cast-iron, glass, or ceramic options. Avoid heating up food that’s wrapped in grease-resistant packaging and opt for stovetop popcorn instead of using PFAS-treated microwave bags. By making these simple changes, you can reduce your exposure to potentially harmful substances.
What is PFAS?
PFAS, or per- and polyfluorinated substances, are a type of chemical that are commonly used in the production of products that are resistant to heat, oil, stains, grease, and water. These chemicals are typically found in fluoropolymer coatings, which can be used in a wide range of products. Despite their usefulness, it’s important to be aware of the potential risks associated with PFAS and to take steps to minimize exposure whenever possible.