Despite a number of settlements, both approved and pending approval in MDL 2873 In re: Aqueous Film-Forming Foams Products Liability Litigation, litigation filed independent of the MDL is ongoing.
Citing PFAs exposure and links to deadly cancers, impacts to the liver and heart, and immune and developmental damage to infants and children, in April 2024, the Environmental Protection Agency (EPA) issued its first national, legally enforceable drinking water standard for PFAs in May, establishing near-zero maximum contaminant levels, or MCLs, for six per- and polyfluoroalkyl substances (PFOA, PFOS, PFNA, PFHxS, and HFPO-DA, known collectively as GenX chemicals). The agency designated the chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.
In June, 2024, a group of plaintiffs filed a class action complaint in California federal court against Costco Wholesale Corp., alleging that its Kirkland Signature Baby Wipes contain “high levels” of PFAs.
A group of Connecticut firefighters filed a class action complaint for compensatory and punitive damages against 3M, DuPont and other defendants alleging exposure to PFAs in protective turnout gear manufactured by the companies, The complaint also demands an order requiring the companies to cease manufacturing the PFAs -contaminated gear as well as creating a diagnostic and medical monitoring program for the plaintiffs exposed.
In July, 2024, U.S. District Judge James C. Dever III dismissed a number of the claims filed by Aqua North Carolina regarding PFAs contamination of its water supplies at the Fayetteville Works in eastern North Carolina, including inadequate design, public nuisance, trespass to chattels, punitive damages and unfair and deceptive trade practices. The judge did, however, rule that Aqua can pursue its claims of negligence and gross negligence, private nuisance and trespass to real property. The company’s Fayetteville Works serves more than 320,000 customers through approximately 730 water systems.
U.S. District Judge Jane M. Beckering agreed to separate Michigan’s PFAs pollution claims against Gerald R. Ford International Airport Authority from MDL 2873, ruling that the state’s environmental contamination claims were sufficiently different from those posed in the airport’s claims against firefighting foam manufacturers.
The city of Santa Monica filed a complaint for abatement and damages on August 9 against a number of chemical manufacturers including 3M, DuPont and Raytex (f/k/a Raytheon) for AFFF pollution of its water systems and other properties, claiming the companies are liable for claims of public nuisance, design defect, failure to warn, and trespass and negligence.
On August 30, another group of plaintiffs filed a consumer class action in Minnesota federal court alleging 3M, DuPont and Chemours sold dirt and stain repelling chemicals containing PFAs to carpet manufacturers without warning of the potential health risks sustained by consumers exposed to the chemicals in their homes.
As PFAs litigation grows, staying informed and prepared is essential. Visit Verus to learn how our comprehensive legal support can help navigate complex PFAs claims.
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Resources
https://www.law360.com/articles/1872306/the-biggest-product-liability-cases-of-2024-a-midyear-report
https://www.law360.com/articles/1871280/3m-wants-conn-firefighters-pfas-case-paused-for-mdl
https://www.aviationpros.com/aoa/article/55091081/how-cerclas-new-pfas-regulations-impact-airports
https://www.doj.nh.gov/news-and-media/new-hampshire-receive-millions-pfas-settlements
https://www.law360.com/articles/1846803/tyco-s-750m-pfas-deal-in-foam-co-mdl-gets-initial-ok
https://www.law360.com/articles/1869592/santa-monica-sues-3m-dupont-over-pfas-contamination
https://www.law360.com/articles/1869770/michigan-s-airport-pfas-pollution-suit-escapes-foam-mdl
https://www.law360.com/articles/1850169/costco-sued-over-pfas-in-kirkland-brand-baby-wipes
https://www.law360.com/articles/1856812/nc-utility-s-pfas-suit-survives-dismissal-bid
https://www.law360.com/articles/1871280/3m-wants-conn-firefighters-pfas-case-paused-for-mdl
https://www.law360.com/articles/1819762
