Consumers Sue over PFAS in “Organic” Fertilizer

Consumers filed a putative class action in California federal court against The Scotts Company LLC, an organic soil and fertilizer producer, alleging that its Miracle-Gro organic soil and fertilizer products contain PFAS. The plaintiffs allege that the defendant uses the “organic” label to induce consumers to believe that the products contain only naturally occurring, non-synthetic…

Second Circuit Holds That Non-AFFF-Related Removal Was Timely

One of the hottest issues in PFAS-related litigation is whether and when a defendant can remove a case to federal court under the federal-officer removal statute. 3M regularly and successfully removes cases filed in state court to federal court based on that statute and claims that its manufacture of AFFF in accordance with the U.S….

Challenge to Minnesota’s PFAS-Containing Cookware Legislation Gets Cooked

The District of Minnesota dismissed an industry group’s lawsuit that challenged Minnesota’s law banning cookware and other products that contain intentionally added PFAS. The industry group claimed that the law violated the dormant Commerce Clause, which “denies the States the power unjustifiably to discriminate against or burden the interstate flow of articles of commerce.” According…

North Carolina Court Upholds Attorney General’s Authority to Pursue PFAS Suits

A North Carolina court has denied a motion to dismiss an environmental lawsuit brought by the state against chemical manufacturers over alleged PFAS contamination caused by operations at a chemical manufacturing facility. The defendants argued that the state attorney general lacked authority to maintain the suit following the repeal of N.C.G.S. § 114-2(8)(a), which previously…