PFAS Product Liability Litigation

3M and other manufacturers are facing thousands of consumer product liability claims in connection with Perfluoroalkyl substances (PFAS). PFAS were used in our environment from the 1970s through 2000 due to their resistance to heat, oil, and water. Not only were these “forever chemicals” used to produce firefighting foam, but also in food packaging and  nonstick cookware, and Georgia was one of the top manufacturing states for the chemicals.

Sadly, these chemicals have not only been linked to damaging the environment, but also to cancer, decreased fertility, birth issues, liver damage, and other health issues. They can be found in concentrated forms in the drinking water on or near hundreds of military bases nationwide due to the foam’s use in training exercises, as well as in the blood of the general population of communities located near where the products were used.

PFAS Concentration in Georgia

Unfortunately, Georgia is one of the hardest hit states when it comes to PFOA and PFOS. Specifically, at one time, the city of Dalton produced approximately 90 percent of the world’s PFAS in their stain-resistant fiber manufacturing plants. Chemical waste from the plans was then deposited into the Conasauga River.

This has also created a serious issue for Georgia’s workforce in terms of workforce exposure: Occupational exposure for these individuals was at much higher levels than the general population. In 2021, the Environmental Protection Division initiated a PFAS monitoring project to assess the level of the contaminants in drinking water across Georgia, and found that they were present in 23 public water systems. Still, PFAS remain unregulated, which means that the government cannot force water utilities to treat water systems for PFAs, or limit their use in general.

The Government Contractor Defense

One of the common arguments in each of these claims is that the manufacturing companies were aware of the risks associated with their products and failed to disclose them to the public. These manufacturers are responding by invoking what’s known as the government contractor defense, which can, in some circumstances, shield companies from liability for their products if they were manufactured for the federal government, specifically.

One key trial question that was recently at issue involved just how much knowledge 3M and other companies had versus the government entities they worked with in developing the product. On this question, one federal judge has already ruled that manufacturers had significantly greater knowledge than the government when it came to the product’s risks and properties, and they withheld this significant information from the government. While the military is not on trial, its actions will be scrutinized alongside that of 3M and other PFAS manufacturers in this litigation.

Macon, Georgia Product Liability Litigation

If you or a loved one has been harmed by a product, contact our Macon product liability attorneys at the Law Offices of Buzzell, Welsh & Hill today to find out how we can help.

Sources:

startribune.com/3m-faces-next-pfas-hurdle-bellwether-cases-regarding-firefighting-foam/600211948/

epd.georgia.gov/pfoa-and-pfos-information

11alive.com/article/news/investigations/the-reveal/rome-contaminated-water-investigation/85-273c7fdd-1097-4b26-b3cf-0242231762a4