Texas sues DuPont and 3M over decades-long concealment of 'forever chemical' risks

The state of Texas has filed a lawsuit against chemical giants DuPont and 3M, accusing them of a decades-long failure to disclose the health risks associated with household products containing per- and polyfluoroalkyl substances (PFAS).

The lawsuit, announced Wednesday by Texas Attorney General Ken Paxton, alleges that the companies made "misrepresentations and key omissions" about the safety of well-known products like Teflon, Stainmaster, and Scotchgard. The complaint, filed in Johnson County District Court, claims the two corporations knowingly marketed these products as safe despite being aware of their potential to cause harm.

PFAS, often referred to as "forever chemicals" due to their resistance to breaking down in the environment and the human body, have been widely used in products such as nonstick cookware, waterproof materials, and protective coatings. According to the Environmental Protection Agency (EPA), PFAS have been found in human blood, air, water, and soil worldwide, with studies linking the chemicals to harmful health effects.

“Texas is taking action to penalize these companies and hold them accountable for deceiving Texans into buying consumer products without vital information,” Paxton said in a statement. “These companies knew for decades that PFAS chemicals could cause serious harm to human health yet continued to advertise them as safe for household use around families and children.”

The lawsuit asserts that DuPont and 3M had knowledge of PFAS's potential health hazards for over 50 years but concealed these risks. The state is seeking civil penalties of up to $10,000 per violation under the Texas Deceptive Trade Practices–Consumer Protection Act, alongside injunctive relief and additional damages exceeding $1 million.

This legal action adds to a growing wave of scrutiny over PFAS. Both DuPont and 3M have faced lawsuits and settlements over the chemicals’ presence in water supplies. In June 2023, 3M agreed to pay $10.3 billion over 13 years to settle PFAS-related water pollution claims. Similarly, DuPont, Chemours, and Corteva reached a $1.19 billion settlement to address contamination issues.

While 3M has announced plans to cease PFAS production by 2025, the company denies liability, attributing its decision to evolving regulatory trends and stakeholder expectations. DuPont has yet to comment on the Texas lawsuit.

The case also reignites public interest in PFAS litigation, spotlighted by the 2019 film Dark Waters, which depicted an attorney’s battle against DuPont over the chemicals’ environmental and health impacts.

Texas’s lawsuit underscores growing governmental efforts to hold corporations accountable for their role in the proliferation of PFAS and their impact on public health and the environment. Whether this case will lead to significant penalties or further settlements remains to be seen.