3M, Corteva, Chemours hit with class action over 'forever chemicals' in carpet
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
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