California AG announces lawsuit against ‘forever chemical’ manufacturers

California on Thursday announced a lawsuit against manufacturers of so-called forever chemicals, accusing the companies of deceiving the public and endangering public health.

In a press conference Thursday, Attorney General Rob Bonta (D) announced the lawsuit, which names 3M and DuPont as defendants. Bonta alleges the two companies concealed health hazards associated with per- and polyfluoroalkyl substances (PFAS) from the public and continued producing them for public use. PFAS are detectable within the bloodstream of 98 percent of Californians, according to data collected by California officials.

Although PFAS is a blanket term for thousands of compounds, the lawsuit specifically applies to seven detected in high levels in California waters: perfluorooctanoic acid, perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid, perfluorohexanesulfonic acid, perfluorohexanoic acid, perfluoroheptanoic acid and perfluorononanoic acid. 

The name “forever chemicals” derives from the compounds’ resilience and resistance to degradation in nature, and according to data from California’s State Water Resources Control Board, they are detectable in 146 water systems that provide water to about 16 million residents of the state.

PFOS, in particular, was exclusively manufactured by 3M for about six decades before being phased out. During that time it was widely used in firefighting foam, including the foam used by the Department of Defense.

Internal 3M and DuPont documents have indicated the companies were aware of PFAS-associated health and environmental risks even as they publicly presented the compounds as safe.

“As a result of a decades-long campaign of deception, PFAS are in our waters, our clothing, our houses, and even our bodies. The damage caused by 3M, DuPont, and other manufacturers of PFAS is nothing short of staggering, and without drastic action, California will be dealing with the harms of these toxic chemicals for generations,” Bonta said in a statement. “Today’s lawsuit is the result of a years-long investigation that found that the manufacturers of PFAS knowingly violated state consumer protection and environmental laws. We won’t let them off the hook for the pernicious damage done to our state.”

In a statement to The Hill, a 3M spokesperson said, “3M acted responsibly in connection with products containing PFAS and will defend its record of environmental stewardship.”

The Hill has reached out to DuPont for comment.

Updated at 2:33 p.m.