by Clark Mindock
A US appeals court on Monday granted 3M MMM.N, Corteva Inc CTVA.N, a subsidiary of EI du Pont de Nemours and Co, and other manufacturers of toxic chemicals known as “forever chemicals”, a major victory in their fight against legal liability for these substances, rejecting a lower court ruling that would have allowed approximately 11.8 million Ohioans to sue the companies as a group.
The 6th US Circuit Court of Appeals, based in Cincinnati, Ohio, overturned a lower court’s approval of the massive class action, which included virtually all Ohio residents and placed considerable legal pressure on manufacturers of chemicals to settle the plaintiffs’ claims.
The court found that lead plaintiff Kevin Hardwick filed an overly broad claim against the manufacturers and failed to demonstrate that the per- and polyfluoroalkyl substances (PFAS) found in his body could be directly attributed to the defendants. , such as units from 3M, DuPont and others.
The appeals court ordered the trial court to dismiss Mr. Hardwick’s lawsuit, which sought to force companies to fund studies analyzing the health effects of PFAS. These chemicals are used in a wide range of consumer products, including non-stick pans and clothing, and have been linked to cancer and other diseases.
The lawsuit also sought to create a fund to monitor the health effects of PFAS exposure on Ohioans.
Representatives for the defendants and plaintiffs did not immediately respond to requests for comment.
These chemicals are often called “lifetime chemicals” because they do not break down easily in nature or in the human body.