LEGALBRIEFS
LEGALBRIEFS
By Top Class Actions
Connecticut AG files lawsuits against Chemours , 3M over PFAS
84 x The Trial Lawyer
Connecticut ’ s attorney general filed a pair of lawsuits against more than twodozen companies — including Chemours and 3M — in January over claims they contaminated the state with toxic chemicals .
One of the lawsuits focuses on perand polyfluoroalkyl substances ( PFAS ) allegedly found in consumer products , while the other has claims involving pollution allegedly stemming from the manufacturing of aqueous film forming foam ( AFFF ) — which contains PFAS .
In both cases , Connecticut Attorney General William Tong ’ s lawsuits argue the companies are polluting the state with chemicals while allegedly concealing and misrepresenting the dangers their products pose to groundwater .
“ With utter disregard for human health and the environment , the manufacturers concealed their knowledge about these harmful chemicals from regulators and deceived their customers ,” the PFAS lawsuits state .
Tong ’ s lawsuit claims the AFFF manufacturers are guilty of trespass , fraud , public nuisance , civil conspiracy and state statutes on environmental protection and unfair trade practices . Sixteen similar counts were also lodged against the consumer products manufacturers .
“ Contamination from PFAS Products persists in the State ’ s natural resources , damages their intrinsic value , and impairs the public benefits derived from access to , use , and enjoyment of the State ’ s natural resources ,” the consumer productsfocused lawsuit states .
In both cases , Tong is requesting declaratory and injunctive relief along with the payment of civil penalties and relief in the form of compensatory and punitive damages .
In a similar case , the state of Kentucky filed a complaint against 3M , Chemours , DuPont and more than 20 other companies last year over claims they knowingly contaminated the state with PFAS .
Regular talc powder use linked to ovarian and other cancers
Talc powder , a product marketed to prevent rashes in babies and used by women for cosmetic or personal hygiene , is the softest known mineral on earth , but its extraction from the ground near other carcinogenic materials makes it potentially life-threatening .
Talc is mined near asbestos or other hazardous materials and can be contaminated ; meaning consumers may have inadvertently exposed their bodies to asbestos , a known carcinogen , over long periods of time . For women who used the product for personal hygiene purposes , the contaminated product can result in ovarian or fallopian tube cancer .
The cancers caused by these particles may take decades to develop , so those who have been harmed by contaminated talc powder may be unaware of these side effects until much later .
Johnson & Johnson faces more than 50,000 lawsuits from consumers who claim that its baby powder products were contaminated with asbestos and caused them to develop cancer .
In a lawsuit involving 22 plaintiffs against Johnson & Johnson , a jury ordered the company to pay $ 4.7 billion in damages , according to a New York Times report in 2018 . The company denied the allegations and maintains that the products are safe .
Johnson & Johnson recently agreed to a $ 700 million settlement resolving investigations by 42 states and the District of Columbia into whether the company ’ s marketing misled consumers about the safety of its talc products .
Many lawsuits emerged following an investigation by the news organization Reuters . Documents and testimony revealed Johnson & Johnson was aware that raw and finished talc powders tested positive for small asbestos amounts from at least 1971 through the early 2000s . Reuters reported that “ company executives , mine managers , scientists , doctors and lawyers fretted over the problem and how to address it while failing to disclose it to regulators or the public .”
Tens of thousands of plaintiffs have filed baby powder cancer lawsuits .
Over the last several decades , medical studies have connected the use of talc powder with ovarian cancer risk .
An expert witness in one lawsuit testified that asbestos was found in Johnson & Johnson baby powder .
Several talc powder manufacturers , including Johnson & Johnson , Revlon , Chanel and Avon , have been sued over their talc-based products and have been quietly removing talc from their products .
Recent studies suggest that women who use talcum powder are 40 % more likely to get ovarian cancer . Experts from Harvard Medical School in Boston studied more than 3,000 women and found that using talc once a week raised the risk of ovarian cancer by 36 % and 41 % for those applying powder daily . Talc-based baby powder manufacturers have allegedly failed to update warnings regarding the potential danger of ovarian cancer on their products .