Per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” have attracted considerable attention in recent years. This heightened awareness stems from their enduring presence in the environment and associated health risks.
These man-made compounds are utilized in a wide range of industrial and consumer products because of their ability to resist water and grease. Research has shown that exposure to PFAS is connected to significant health concerns, including various forms of cancer, liver damage, and adverse developmental effects.
As public awareness and scientific scrutiny have increased, so have the legal battles surrounding PFAS contamination.
This article discusses the major settlements related to PFAS contamination, exploring the implications for affected communities and the companies involved.
$750 Million Settlement by Johnson Controls
In April 2024, Johnson Controls, via its subsidiary Tyco Fire Products, revealed a significant $750 million settlement with public water systems. According to Reuters, the settlement comes after allegations that Tyco’s firefighting foam contained PFAS that had contaminated drinking water supplies.
This settlement, pending approval from a federal judge, is intended to help municipalities and public water systems address and remediate PFAS contamination.
Importantly, Tyco’s agreement does not imply any admission of liability or wrongdoing, as clarified in a regulatory filing by Johnson Controls. The filing also noted that a charge for the settlement amount has already been recorded for the second quarter ending March 31.
Tyco is one of nearly two dozen companies currently involved in litigation centralized in a South Carolina federal court. These lawsuits focus on groundwater contamination stemming from firefighting foams used at fire stations and airports nationwide.
The U.S. District Judge overseeing the case has warned that these lawsuits pose an “existential threat” to companies facing PFAS claims. Moreover, the U.S. Environmental Protection Agency (EPA) has recently enacted stringent federal regulations on PFAS levels in drinking water.
These new regulations could facilitate further legal actions against companies for contamination. However, it is important to note that these regulations may face challenges in court.
3M’s Landmark Settlement
3M will begin payments this year as part of its PFAS contamination settlement, following final court approval. As per CBS News, the settlement will provide public water suppliers with between $10.5 billion and $12.5 billion. This funding is meant to address claims that the company’s forever chemicals have tainted drinking water.
Payments are expected to begin in the third quarter of 2024 and will continue until 2036. 3M has pledged to support suppliers who detect PFAS contamination at any level now or in the future.
In a statement, 3M Chairman and CEO Mike Roman called the approval a significant step forward. He emphasized the company’s commitment to phasing out PFAS manufacturing by the end of 2025.
Despite this landmark settlement, 3M still faces numerous personal injury lawsuits and state claims related to PFAS. Most of them stem from the Aqueous Film-Forming Foam or AFFF lawsuit.
This lawsuit concerns the use of AFFF, a firefighting foam that contains high levels of PFAS. TorHoerman Law notes that AFFF has been linked to serious health issues, including various cancers and other chronic conditions. Many individuals affected by AFFF exposure, particularly firefighters and military personnel, seek accountability and compensation for the health complications they face.
As the U.S. increasingly distances itself from these harmful chemicals, 3M has reduced its production volume of forever chemicals by 20%. The company has also reformulated or discontinued nearly 25,000 PFAS-containing products as of January 2024, as reported by Manufacturing Dive.
Where is AFFF commonly used?
AFFF is commonly used in aviation, military, and industrial firefighting applications. It is often deployed at airports, military bases, and in facilities where flammable liquids are present, such as refineries and chemical plants. Additionally, it is utilized in firefighting training exercises to simulate emergencies and test response capabilities.
BASF Settles PFAS Contamination Claims for $316.5 Million
On May 20, BASF Corp., the North American branch of the German chemical giant, announced a $316.5 million settlement.
Filed in a South Carolina federal court, the agreement allocates $312.5 million to resolve claims linked to BASF’s subsidiary, Ciba, acquired in 2008. Ciba had previously produced an AFFF containing PFAS before selling its fluorosurfactant business to Chemguard in 2003.
The remaining $4 million of the settlement is designated for administrative costs. Importantly, this agreement only addresses claims from public water systems made on or before May 15. It does not include claims from state or federally-operated water systems or privately owned wells.
BASF stated that the settlement does not imply any admission of liability or wrongdoing and is preparing to defend itself against ongoing AFFF-related lawsuits.
The Road Ahead
Despite these financial settlements, the journey toward accountability and remediation of PFAS contamination is far from over. Chemical companies continue to face thousands of personal injury lawsuits from individuals claiming PFAS exposure has caused severe health issues, including cancer. Additionally, state and local governments continue to pursue claims against these companies for damages related to contaminated natural resources.
How do PFAS affect human health?
PFAS exposure has been linked to several health issues, including an increased risk of certain cancers, such as kidney and testicular cancer. It can also cause liver damage, thyroid disorders, immune system effects, and developmental issues in children. Additionally, studies have shown that PFAS can disrupt hormonal balance and affect cholesterol levels, further contributing to health risks.
What products commonly contain PFAS?
PFAS are found in various products, including nonstick cookware, food packaging (such as microwave popcorn bags and takeout containers), and stain-resistant fabrics. They are also present in water-repellent outdoor gear and firefighting foam. Additionally, they can be present in some cosmetics, cleaning products, and paints, highlighting their widespread use across many industries.
Overall, the ongoing legal battles and settlements surrounding PFAS contamination reflect a critical turning point. This movement addresses the environmental and health risks posed by forever chemicals.
As these cases unfold, they emphasize the need for vigilant regulation and accountability to protect public health and ensure safe drinking water for all. The future of PFAS litigation will likely hinge not only on financial settlements but also on a comprehensive approach to managing these persistent pollutants.
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