Attorney General Ken Paxton sues companies over “forever chemicals”

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Texas Attorney General Ken Paxton filed a lawsuit Wednesday against chemical giants 3M and DuPont, accusing them of decades-long misrepresentations and omissions regarding the safety of PFAS, or “forever chemicals,” sold for use in countless consumer products.

These products, sold under brand names such as Teflon, Stainmaster, and Scotchgard, have been staples in households across the nation despite mounting evidence that they contain chemicals that are harmful to human health.

“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,” Paxton said in a press release. “Texas is taking action to penalize these companies and hold them accountable for deceiving Texans into buying consumer products without vital information.”

Daniel Turner, a spokesperson for DuPont, said in an email that the company has never manufactured PFOA and PFOS — two types of PFAS chemicals — or firefighting foam.

"While we don’t comment on litigation matters, we believe this complaint is without merit, and we look forward to vigorously defending our record of safety, health and environmental stewardship," Turner wrote.

Representatives of 3M could not be immediately reached for comment.

PFAS, or per- and polyfluoroalkyl substances, are a family of manmade chemicals used to make products that resist heat, oil, stains, grease, and water. Some estimates list more than 12,000 types of individual PFAS. They’ve been used in industry and consumer products worldwide since the 1940s and have earned the name “forever chemicals” because they don’t break down and can persist in water and soil indefinitely.

Exposure to specific PFAS has been linked to certain types of cancer, birth defects, damage to the liver and immune system. They also accumulate in animals, plants, and humans, contaminating drinking water and even circulating in human blood.

The lawsuit was filed in Johnson County nine days after a Texas Tribune story featured farmers in that county who have sued a fertilizer company, alleging the fertilizer they sell, which is made from municipal waste, contained PFAS that poisoned their land and killed their livestock. The farmers say they are not able to make a living off their own land because of the contamination.

Dana Ames, the environmental crime investigator for Johnson County who discovered the contamination on the farmers' land, said the lawsuit represents a significant step forward in the ongoing fight against PFAS contamination.

"I was over the moon. It's a legal issue and he's [Paxton] our top lawyer for the state so I am very encouraged to see that he has taken this action," Ames said.

Many other farmers in other parts of the country have also shut down their operations due to PFAS contamination after using fertilizer made from “biosolids” produced from human waste.

Laura Dumais, a staff attorney with Public Employees for Environmental Responsibility, said Paxton's lawsuit underlines how addressing PFAS is not a partisan issue. The environmental group helped the Texas farmers with PFAS testing.

"As the overwhelming scope of the 'forever chemicals' crisis becomes increasingly apparent, Americans across the spectrum of political affiliation are clamoring for an end to the poisoning of their land, water, and food," Dumais said. "I hope that emerging lawsuits, along with increased public awareness, will begin to make a difference."

DuPont and 3M are two of the most prominent companies associated with these chemicals. Both companies have been historically involved in the manufacture, use and distribution of PFAS. In 2022, 3M announced plans to exit PFAS manufacturing by 2025 as part of its response to growing environmental and legal pressures.

According to Paxton's lawsuit, 3M and DuPont marketed their PFAS products for more than 70 years despite knowing the dangers for more than half a century. The suit alleges that the companies concealed critical risks, misrepresented safety claims, and continued promoting the chemicals as safe for consumer use. The state is seeking $1 million or more in damages, including civil penalties, attorneys’ fees and costs.

Texas had already taken legal action against PFAS manufacturers, including a lawsuit against Aqueous Film Forming Foam, a firefighting product that has polluted Texas lands and waterways.

“Attorney General Paxton has been at the forefront of holding companies responsible for exposing people to dangerous 'forever chemicals.' ” said a statement from the AG’s office. “Today’s lawsuit marks a new stage in PFAS litigation.”

Texas has found PFAS contamination in some drinking water systems: Nearly 50 public water systems across the state have reported exceeding the U.S. Environmental Protection Agency’s newly-released PFAS limits for drinking water.