3M, DuPont defeat massive class action over forever chemicals (updated)

3M Co

28/11/2023 24:29

(Adds details from the court opinion in paragraphs 4-5, comment
from the parties in paragraphs 8-9, context about PFAS
litigation in paragraphs 12-14)
    By Clark Mindock
       Nov 27 (Reuters) - A U.S. appeals court on Monday handed
3M  MMM.N , Corteva Inc  CTVA.N  subsidiary E.I. du Pont de
Nemours and Co and other manufacturers of toxic so-called
"forever chemicals" a big win in their fight against legal
liability for the substances, rejecting a lower court's ruling
that would have allowed about 11.8 million Ohio residents to sue
the companies as a group.
    The Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals
vacated a lower court's approval of the massive class action,
which included virtually every resident of Ohio and put
considerable legal pressure on the chemical manufacturers to
settle the plaintiffs' claims.
    The court found lead plaintiff Kevin Hardwick filed too
broad a complaint against the manufacturers, and had not shown 
per- and polyfluoroalkyl substances, or PFAS, found in his body
could be traced directly to the defendants such as units of 3M,
DuPont and others.
    The court said Hardwick's complaint “rarely” targeted the
actions of any one company, and instead accused the companies
collectively of contaminating the environment with the
chemicals.
        "Seldom is so ambitious a case filed on so slight a
basis," wrote Circuit Judge Raymond Kethledge, noting there are
thousands of companies that have manufactured PFAS but just 10
listed as defendants in the case. 
  
    The appeals court instructed the lower court to dismiss
Hardwick's lawsuit, which had aimed to force the companies to
pay for studies analyzing the health impacts of PFAS. The
chemicals are used in a wide range of consumer products
including non-stick pans and clothing and have been tied to
cancer and other diseases.
    The lawsuit also sought to establish a fund to monitor Ohio
residents for health impacts from PFAS exposure. 
    A 3M spokesperson said the company is pleased with the
decision.
        Robert Bilott, an attorney for Hardwick, said the
court's decision runs "counter to what we know about the history
of manufacturing of PFAS in the United States" and said they are
evaluating whether to appeal.
  
        Representatives for the other defendants did not
immediately respond to requests for comment.
    The chemicals are often referred to as forever chemicals
because they do not easily break down in nature or in the human
body.
    The lawsuit is among thousands that have been filed against
3M, DuPont and others in recent years over alleged PFAS
contamination.
        3M agreed in June 
    to pay
     $10.3 billion to settle hundreds of claims the company
polluted public drinking water with the chemicals, while
Chemours Co  CC.N , DuPont de Nemours Inc  DD.N   and Corteva
reached a similar deal with U.S. water providers for $1.19
billion.
        The U.S. Environmental Protection Agency has called PFAS
an “urgent public health and environmental issue," and has taken
steps to regulate PFAS, including in drinking water.
  

 (Reporting by Clark Mindock, Editing by Alexia Garamfalvi,
Lincoln Feast and Chris Reese)
 ((Clark.Mindock@thomsonreuters.com;))