A U.S. appeals court on Monday awarded a major victory to 3M, DuPont, Corteva and other makers of toxic chemicals known as “forever chemicals” in the legal battle seeking to hold the companies accountable for the substances.
The U.S. court rejected a lower court’s ruling that would have allowed about 11.8 million Ohio residents to sue the companies as a group.
The Ohio-based 6th U.S. Circuit Court of Appeals overturned a lower court’s approval of the class action, which included virtually all Ohioans and applied significant legal pressure on chemical manufacturers to resolve disputes.
The court found that lead plaintiff Kevin Hardwick had made too broad a claim against the manufacturers and had failed to demonstrate that per- and polyfluoroalkyl substances, or PFAS, found in his body could be directly attributed to the defendants as units of 3M, DuPont and others.
The court said Hardwick’s complaint “rarely” addressed the actions of a specific company, instead accusing the companies collectively of contaminating the environment with the chemicals.
The appeals court directed the lower court to dismiss Hardwick’s lawsuit, which sought to force companies to pay for studies on the health impacts of PFAS.
These chemicals are used in a wide range of consumer products, including nonstick cookware and clothing, and have been linked to cancer and other diseases.
A 3M spokesperson said the company was pleased with the decision.
Robert Bilott, an attorney for Hardwick, said the court’s ruling goes “against what we know about the history of PFAS production in the United States” and said they were considering whether to appeal.
Representatives for the other defendants did not immediately respond to requests for comment.
Source: Terra
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