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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Putative Class Action Filed for Alleged PFAS in Menstrual Products

A California resident has filed a putative action against Thinx Inc., a manufacturer of underwear designed for feminine hygiene purposes. Plaintiff alleges that, despite representations that it “take[s] consumer health and safety seriously,” Thinx  knowingly manufactured products containing dangerously high levels of PFAS. Plaintiff asserts claims for breach of implied warranty, unjust enrichment, violations of California’s false advertising and consumer protection laws and negligent failure to warn, seeking a declaratory judgment, injunctive relief, compensatory and punitive damages, restitution, and attorneys’ fees and expenses.

November 12, 2020 | Kanan v. Thinx, Inc., No. 2:20-cv-10341 (C.D. Cal.)

New Jersey Newest to List of States to File PFAS-Related Lawsuits

New Jersey’s Attorney General has sued Solvay Specialty Polymers USA LLC following the company’s alleged refusal to investigate and clean up PFAS contamination in the state. New Jersey separately sued Honeywell International Inc., who claims it is working with regulators to remediate its site in Edgewater, New Jersey. The state seeks declaratory and injunctive relief, reimbursement for clean-up costs from Honeywell, and damages from Solvay.

November 11, 2020 | New Jersey Dep’t of Envt’l Protection et al. v. Honeywell International, Inc., No. BER-L-006867-20 (Super. Ct. N.J.); New Jersey Dep’t of Envt’l Protection et al. v. Solvay Specialty Polymers USA, LLC et al., No. BER-L-006867-20 (Super. Ct. N.J.)

Southern California Water Agency Sues Over Alleged PFAS Contamination

The Santa Clarita Valley Water Agency in Southern California filed suit against multiple companies—including Raytheon Technologies, Chemours, DuPont, and 3M—for alleged contributions of PFAS to the area water supply. Santa Clarita Valley Water Agency’s suit has been added to a growing list of public water providers’ claims consolidated in the South Carolina MDL.

October 28, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

3M Investors Oppose the Company’s Third Circuit Petition to Move Suit to Minnesota

3M investors, who filed suit against the company in December 2019 over its alleged PFAS-related liabilities, are now urging the Third Circuit Court of Appeals to keep their suit in New Jersey. The plaintiff-investors contend that the case was “commenced in New Jersey by a New Jersey pension fund serving New Jersey beneficiaries” and, as such, should not be transferred to Minnesota as 3M requests.

October 13, 2020 | In re: 3M Company, et al., No. 20-2864 (3rd Cir.)

North Carolina Attorney General Files Suit over State’s PFAS Contamination

Shortly after a North Carolina Superior Court approved an Addendum to a Consent Order with Chemours for PFAS clean-up, North Carolina Attorney General Josh Stein filed suit in state court against DuPont and Chemours for contamination related to the companies’ manufacture of C8 and GenX at their Fayetteville Works facility. The lawsuit seeks damages for alleged injuries to North Carolina’s drinking water, fisheries, and other natural resources.

October 13, 2020 | North Carolina v. E.I. DuPont de Nemours and Co., et al. (N.C. Super. Ct.)