Appeals Court Hands 'Forever Chemicals' Manufacturers 3M, DuPont a Major Win

On Monday, a U.S. appeals court ruled in favor of 3M, E.I. du Pont de Nemours and Co, and other manufacturers of "forever chemicals." The court rejected a lower court's ruling, allowing approximately 11.8 million Ohio residents to sue the companies.

Reuters noted that the ruling relieves considerable legal pressure placed on the chemical manufacturers to settle the plaintiffs' claims.

Court Ruling Questions Class Action Suit's Validity

According to Yahoo, Lead plaintiff Kevin Hardwick's complaint against the manufacturers faced scrutiny from the court. The appeals court found his complaint to be overly broad and lacking evidence that the per- and polyfluoroalkyl substances (PFAS) detected in his body could be directly attributed to the defendants.

The court emphasized that the complaint targeted the collective actions of the companies rather than individual responsibility. Notably, the case involved just 10 out of thousands of companies involved in PFAS manufacturing.

The lower court's approval of the class action suit has been vacated, and the court instructed the dismissal of Hardwick's lawsuit. The lawsuit aimed to hold the companies accountable for the health impacts of PFAS exposure and sought to establish a fund to monitor Ohio residents.

Additionally, Hardwick's request for the companies to fund studies on the health effects of PFAS was denied. These forever chemicals, commonly found in consumer products, have been linked to cancer and other diseases.

Robert Bilott, attorney for Hardwick, expressed disappointment with the court's decision. He stated that it contradicts what is known about the history of PFAS manufacturing in the United States. Bilott's legal team is currently evaluating whether to appeal the ruling further.

The Persistence and Prevalence of Forever Chemicals

PFAS substances earned the nickname "forever chemicals" due to their resistance to breaking down in nature or in the human body. The growing number of lawsuits filed against 3M, DuPont, and other manufacturers in recent years reflect concerns over alleged PFAS contamination.

In June, 3M agreed to pay $10.3 billion to settle hundreds of claims regarding public drinking water pollution caused by PFAS. Furthermore, Chemours Co, DuPont de Nemours Inc, and Corteva reached a similar settlement worth $1.19 billion with U.S. water providers.

Photo: 3M News Center