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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Sixth Circuit Panel Affirms $40 Million Verdict Against DuPont for Alleged PFAS Contamination

A Sixth Circuit panel affirmed the district court’s decision to award a plaintiff a $40 million verdict against E. I. du Pont de Nemours & Co.’s (“DuPont”) for allegedly contaminating drinking water with PFAS, and in so doing, causing the plaintiff’s testicular cancer. The Sixth Circuit panel agreed with the lower court’s decision to apply collateral estoppel (i.e., issue preclusion) to the questions of duty, breach, and foreseeability in the present case based on how they were previously decided in the previous trials in this multidistrict litigation.

December 5, 2022 | In re: Travis Abbott v. E. I. du Pont de Nemours & Co. Case No. 21-3418 (6th Cir.)

Putative Class Action Targets Labeling on a Capri Sun Product

Alexandra Toribio, an Illinois resident filed a putative class action suit against a major food manufacturer alleging that the company “harmed” her and other class members by allegedly selling their Capri Sun Strawberry Kiwi juice drinks that were labeled as containing “All Natural Ingredients” and marketed as “a healthy choice for kids,” even though they were packaged in containers containing harmful levels of PFAS.

November 29, 2022 | Toribio v. The Kraft Heinz Co. Case No. 1:22-cv-06639 (N.D. Ill.)

Chemical Company Agrees to Stop Selling PFAS Chemicals

Polyventive LLC (“Polyventive”) entered a consent decree with a private plaintiff to resolve claims that Polyventive contributed to PFAS-contaminated local waterways in Georgia. In the four-year decree, Polyventive agreed to: (1) stop selling PFAS chemicals to companies in the carpet industry, (2) stop discharging wastewater over the regulated limit into the public water treatment plant, (3) comply with random sampling from a third party, (4) fund an environmental initiative, and (5) pay legal fees.

November 16, 2022 | Johnson v. 3M Co. Case No. 4:20-cv-00008 (N.D. Ga.)

Michigan Court Agrees that Michigan’s Rules on PFAS in Drinking Water Are Deficient

The Michigan State Court of Claims agreed with 3M Company (“3M”) that the Michigan Department of Environment, Great Lakes, and Energy (“Mich. EGLE”) issued a deficient regulatory-impact statement when promulgating rules establishing the allowable maximum-contaminant levels of seven PFAS and PFOA chemicals in drinking water. The court found that the Mich. EGLE failed to consider anticipated costs imposed on 3M and other similarly situated companies by the proposed PFAS rules, which the Mich. EGLE reported would also set the Michigan rules for PFAS in groundwater. Although the court concluded that a deficient regulatory-impact statement invalidates the promulgated rules, it stayed the effects of its ruling until the parties have exhausted their appellate rights and a final judgment is issued. The Mich. EGLE has appealed the decision with the Michigan Court of Appeals

November 15, 2022 | 3M Co. v. Mich. Dep’t of Env’t, Great Lakes, & Energy Case No. 21-000078-MZ (Mich. Cl. Ct.)