PFAS Litigation Updates

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The world of PFAS litigation is quickly evolving. As regulatory scrutiny of these compounds increases, so, too, will the body of associated case law. From class actions to multidistrict litigation, this section will regularly highlight developments in PFAS-related litigation.

Content in this section does not reflect the opinion of Alston & Bird or its attorneys.

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Previous Issues

Plaintiff Voluntarily Dismissed Suit Against L’Oreal USA Alleging PFAS in Mascara Products and Packaging

Rebecca Vega filed a class action suit against L’Oreal claiming that the cosmetics company sold its waterproof mascara products to Vega and other consumers without disclosing that its products and packaging contain PFAS. However, Vega voluntarily dismissed the suit against L’Oreal without prejudice.

April 8, 2022 (complaint filed); June 9, 2022 (plaintiff voluntarily dismissed lawsuit) | Vega v. L’Oreal USA, Inc. Case No. 2:22-cv-02049-SDW-JRA (D.N.J.)

Contamination at Firefighting Test Site Spurs Lawsuit

Johnson Controls Inc. and Tyco Fire Products LP are being sued by the Wisconsin attorney general for violations of the state’s hazardous-substance spills law, saying they failed to report or remediate the discharge of PFAS into groundwater around the Marinette Fire Technology Center. The foam had previously been discharged into the city’s sanitary sewer system and treated by its wastewater treatment facility. However, there appeared a plume of groundwater contamination at and around the site and some time before 2013 at levels in excess of what the U.S. EPA recommends for drinking water, which had not been investigated by Tyco and Johnson. The complaint alleges that Tyco and Johnson needed to but failed to notify the Wisconsin Department of Natural Resources about these elevated PFAS levels from November 2013 to January 2018. The suit seeks an order requiring Johnson and Tyco to complete investigation and cleanup of the PFAS contamination, as well as monetary penalties.

March 14, 2022 | State of Wisconsin v. Tyco Fire Products LP et al. Case No. 2022CX000001 (Marinette County Circuit Court)

In Florida, Personal Jurisdiction Exists Where Liability is Inherited from Predecessor

A federal district court judge denied Corteva Inc. and DuPont de Nemours Inc.’s motion to dismiss a lawsuit brought again them for lack of personal jurisdiction. The companies claimed that the plaintiff, the city of Stuart, Florida, lacked jurisdiction over them because they are based in Delaware, but the court disagreed. The court held that personal jurisdiction existed over both companies because the companies each contractually assumed the historic liabilities of their predecessor.

March 10, 2022 | In Re: Aqueous Film-Forming Foams Products Liability Litigation Case No. 2:18-mn-2873 (D.S.C.)

Federal Judge Denies Hampton Couples’ Motion for a Preliminary Injunction to Stop Onshore Trenching Near Alleged PFAS-Contaminated Groundwater

Two couples in East Hampton, New York filed suit against the U.S. Department of the Interior and other federal agencies, alleging violations of the National Environmental Policy Act, Administrative Procedures Act, and other environmental laws, by allegedly failing to adequately review the effects of an offshore commercial windfarm project, which required onshore trenching, on PFAS-contaminated groundwater. The court denied a motion for preliminary injunction to prevent South Fork Wind, LLC, the project developer, from excavating trenches near their homes to store underground cables designed to transfer energy from the offshore commercial wind farm to an onshore electric grid, which the residents claimed would disturb and exacerbate the alleged PFAS in groundwater.

March 9, 2022 (complaint filed); April 12, 2022 (preliminary injunction denied) | Mahoney v. Dep’t of the Interior Case No. 2:22-cv-01305-FB-ST (E.D.N.Y.)

Suit Brought Against Chemical Companies Accused of Hiding Risks of PFAS

3M, DuPont de Nemours, The Chemours Co., and others were sued in South Carolina federal court by a man who alleges that he developed prostate cancer from his exposure to firefighting foam containing PFAS. The complaint alleges negligence, design defect, battery, inadequate warning, and other causes of action. The plaintiff claims that the companies performed animal testing which indicated that exposure to the chemicals caused adverse health effects. The plaintiff also claims the companies performed additional research and testing which found multiple possible health effects among workers exposed to PFAS. Despite this testing, plaintiff alleges, the companies told the U.S. EPA that there were no risks associated with being exposed to PFAS. Representatives for the companies maintain that the companies acted responsibly in connection with products containing PFAS.

March 7, 2022 | Sanders et al. v. 3M Company Case No. 2:22-cv-00723 (D.S.C.)