By Brendan Pierson
Aug 30 (Reuters) - 3M MMM.N , Corteva CTVA.N and
Chemours CC.N were hit with a class action lawsuit on Friday
accusing them of covering up the health risks of so-called
"forever chemicals" used in carpets and rugs nationwide.
The lawsuit, filed in Minnesota federal court, seeks to
represent a class of everyone in the United States who bought
and installed carpets before 2020 in buildings they own. It
alleges that per- and polyfluoroalkyl substances, or PFAS, made
by the defendants, were used in "virtually all" carpets up to
that time for stain and water resistance.
The lawsuit is seeking economic damages to remove and
replace contaminated carpets, as well as punitive damages, but
does not include personal injury claims.
It accuses the companies of violating the Racketeer
Influenced and Corrupt Organizations Act (RICO), a federal law
originally targeting organized crime that also allows civil
claims over alleged conspiracies. It also includes numerous
claims under state consumer protection laws, and common law
claims of nuisance, failure to warn and design defect.
"As the science and technology of PFAS, societal and
regulatory expectations, and our expectations of ourselves have
evolved, so has how we manage PFAS," 3M said in a statement. "3M
will address PFAS litigation by defending itself in court or
through negotiated resolutions, all as appropriate."
Corteva and Chemours, which are both spinoffs of DuPont
DD.N , did not immediately respond to requests for comment.
PFAS are a family of thousands of chemicals used in consumer
and commercial products like firefighting foams, nonstick pans
and stain resistant fabrics. They have been linked to cancer and
other health concerns and are often called forever chemicals
because they do not easily break down in the human body or the
environment.
Friday's lawsuit says that DuPont learned as early as the
1950s that PFAS in its Teflon non-stick products were toxic, but
kept the knowledge from the public, and that the defendants
continued working to cover up the risks. 3M for years secretly
paid a toxicology professor to review articles submitted to
academic journals and keep research about the dangers of PFAS
from being published, it said.
The United States has recently tightened regulation of PFAS,
unveiling new standards for contamination in drinking water and
requiring some PFAS contamination to be cleaned up under the
federal Superfund program for hazardous sites.
Thousands of lawsuits have been filed in recent years
against manufacturers of PFAS and the companies that use the
chemicals to create a diverse array of products.
DuPont, Corteva and Chemours last year agreed to pay a
combined $1.19 billion to public water systems to resolve claims
over PFAS contamination, and 3M agreed to pay $10.3 billion.
The case is Peterson et al v. 3M et al, U.S. District Court
for the District of Minnesota, No. 0:24-cv-03497.
For plaintiffs: Steve Berman of Hagens Berman Sobol Shapiro
and others
For defendants: not available
Read more:
US sets first standard to curb 'forever chemicals' from
drinking water
US designates PFAS chemicals as Superfund hazardous
substances
Chemical makers settle PFAS-related claims for $1.19 billion
3M reaches tentative $10.3 billion deal over US 'forever
chemicals' claims