Texas sues DuPont, 3M over 'forever chemicals' in consumer products

(The Hill) — Texas Attorney General Ken Paxton (R) is suing companies that have historically made toxic “forever chemicals,” commonly referred to as PFAS, or products that contain them, alleging false advertising over their safety.

Paxton, in his lawsuit, alleged that DuPont’s Teflon and 3M’s Scotchgard were among products that the companies sold to Texans while concealing “substantial risks from consumers and the State.”

“Defendants marketed products containing harmful PFAS chemicals for over 70 years and were aware of the harmful effects of PFAS chemicals for over 50 years,” the lawsuit said. 

“Despite this knowledge, Defendants continued to market PFAS products and chemicals in Texas and elsewhere as safe for consumer use, misrepresent their environmental and biological risks, and conceal risks of harm from the public,” it continued. 

PFAS, which stands for per- and polyfluoroalkyl substances, is the name of a family of chemicals that have been widely used in a range of consumer products including nonstick pans and waterproof clothing and cosmetics.

The substances have also been linked to a range of health issues including cancers, and issues with the thyroid, immune system and fertility.

They are sometimes called “forever chemicals” because they persist for a very long time in the environment instead of breaking down. They have become pervasive in land and water, and are estimated to be in the blood of virtually every American. 

In filing the suit, Texas joins a chorus of other states — red and blue alike — in filing suits over the chemicals. Some of these suits have alleged false advertising, while others have sought compensation for alleged contamination. 

But, as a broad center of Republican politics, Texas’s suit is significant.

DuPont spun off its division that makes PFAS-containing products in 2015. In 2017, the company merged with Dow, though they later split — and created another company called Corteva that contained some assets from both firms — in 2019. 

As a result, the company that today goes by DuPont claims it is not the same company as the one that historically manufactured Teflon and other PFAS-containing products. 

In response to the lawsuit, DuPont spokesperson Dan Turner said “DuPont de Nemours has never manufactured PFOA or PFOS,” referring to two particularly toxic and relatively well-studied types of PFAS.

“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 said in an email. 

The Hill has reached out to spokespeople for 3M and Corteva, which were also sued by Texas.