New Hampshire sues 3M, DuPont, other chemical companies

CONCORD, N.H. (AP) — New Hampshire has sued eight companies including 3M and the DuPont Co. for damage it says has been caused by a class of potentially toxic chemicals found in pizza boxes, fast-food wrappers and drinking water.

The substances — known collectively as PFAS — have been used in coatings meant to protect consumer goods and are commonplace in households across the United States. Studies have found potential links between high levels of PFOA in the body and a range of illnesses including kidney cancer, increased cholesterol levels and problems in pregnancies. And because they persist for so long in the environment, PFAS has been dubbed a forever chemical.

In this photo taken Monday, April 11, 2016, in Litchfield, N.H. State and local officials load boxes of free bottled water. (AP Photo/Jim Cole)

With the lawsuits, New Hampshire becomes the second state in the nation to go after the makers and distributors of perfluoroalkyl and polyfluoroalkyl substances and the first to target statewide contamination.

New York state has sued six companies that made firefighting foam containing PFOS and/or PFOA chemicals that it says have contaminated drinking water in two communities and groundwater in another.

“The actions we are taking today is intended to ensure that those responsible for PFAS contamination to our state’s drinking water supplies and other natural resources are held accountable,” New Hampshire Attorney General Gordon McDonald said. “As alleged in the lawsuits, the defendants possessed unique knowledge of the dangers of PFAS chemicals but continued to make or sell them without warning the public of their health risks.”

In an email, 3M said it “acted responsibly in connection with products containing PFAS” and would “vigorously defend its environmental stewardship.”

DuPont said it doesn’t comment on pending litigation but would its record on health, safety and environmental stewardship. A spokesman for Kidde-Fenwal Inc., said the company wouldn’t comment on the lawsuits.

The chemicals are also found in firefighting foam, which has seeped into groundwater.

A spokesman for Johnson Controls whose brands include Tyco and Chemguard defended the use of firefighting foams, which include PFAS.

“Tyco and Chemguard acted appropriately and responsibly at all times in producing our firefighting foams,” Fraser Engerman, director of global media relations for Johnson Controls, said in a statement.

“We make our foams to exacting military standards, and the U.S. military and civilian firefighters have depended for decades on these foams to extinguish life-threatening fires,” he continued.

The lawsuit also names Chemours Company, Chemguard Inc., Tyco Fire Products, Buckeye Fire Equipment and National Fire Foam Inc. They had yet to respond to requests for comment.

Health concerns about the ubiquitous compounds have prompted states to take legislative and regulatory action, including setting drinking water standards, conducting widespread testing and proposing bans on some PFAS packaging and even dental floss containing the chemical.

Last month, Vermont announced a settlement with a plastics company that would help hundreds of people in the Bennington area whose drinking water wells had been contaminated. Saint-Gobain Performance Plastics agreed to extend municipal water lines to more homes.

The Environmental Protection Agency, which has established a nonbinding health advisory threshold of 70 parts per trillion, earlier this year announced plans to consider limits on the toxic chemicals. That upset environmentalists who want action now.

The challenge for regulators is tracking down and treating a chemical that seems to be everywhere, from materials in landfills to the drinking water of homeowners, to the rivers where people fish.

EPA-mandated testing of about 5,000 of the roughly 150,000 public water systems in the U.S. completed in 2016 found dangerous levels of the same two PFAS compounds in 66 systems. Local and state testing since then has identified high levels in additional systems.

New Hampshire has been forced to connect more than 700 homes to new water systems in four communities due to PFAS contamination. It estimates that contamination could end up impacting 100,000 people, with damages reaching several hundred million dollars.

In the lawsuits filed Wednesday in state court, New Hampshire does not seek a specific dollar amount. The state wants the companies to pay the cost of investigating, cleaning up and remediating contamination related to groundwater, surface water and other natural resources.

It accused DuPont and 3M of knowing the dangers of PFAS compounds going back as far as the 1950s but not making it public while continuing to market the compounds.

“It is my hope that those responsible for the manufacturer and distribution of PFAS will recognize the severity of the issues they have caused and will become part of the solution,” McDonald said.

The state hopes others follow its lead — as several did after it sued Exxon Mobil in 2003 over MTBE, a petroleum-based gasoline additive used to reduce smog-causing emissions. It resulted in a $236 million judgment for the state.

“We are taking a big first step on behalf of the country,” Republican Gov. Chris Sununu said of the PFAS lawsuits.

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