12/12/2024

US Carpet Maker Sues Major PFAS Manufacturers for Withholding Data on Risks

Chemical Watch | Shanda Moorghen | Dec. 12, 2024

US Carpet Maker Sues Major PFAS Manufacturers for Withholding Data on Risks

Georgia-based carpet maker Mohawk Industries has filed a lawsuit against chemical giants 3M, Corteva subsidiary E.I. DuPont de Nemours (EIDP), Chemours and Daikin for failing to disclose toxicological and environmental risks associated with per- and polyfluoroalkyl substances (PFAS).

In a lawsuit filed with the Whitfield County Superior Court in Georgia last month, Mohawk said 3M and EIDP sold carpet treatment products for decades without disclosing the presence of PFAS in them, with similar accusations made against Daikin and Chemours more recently.

When the PFAS manufacturers eventually revealed the presence of the persistent chemicals in their carpet treatment products, the plaintiff said "they assured Mohawk repeatedly, and in no uncertain terms, that their products were safe". Mohawk is now accusing the chemical companies of misleading it by withholding information on the toxicological and environmental risks of PFAS so that it would continue buying their fluoropolymer products.

The carpet manufacturer is facing multiple lawsuits over the presence of PFAS in drinking water as a result of its contaminated wastewater. The company said it has already paid "tens of millions of dollars" in settlements.

"As a result of the defendants' misrepresentations and omissions regarding the fluoropolymer products, Mohawk purchased and applied the defendants' long-chain and short-chain products for decades, resulting in the presence of PFAS in Mohawk's wastewater," the company said in the lawsuit.

With the EPA unveiling legally enforceable drinking water standards for several PFAS earlier this year, Mohawk is claiming financial compensation for any past or future settlements from the PFAS manufacturers.

Mohawk is also asking for the defendants to reimburse the costs of any PFAS reduction, removal or remediation that it might be required to undertake while mitigating environmental and human health risks.

Class action

Chemours, 3M and EIDP are also facing a class action lawsuit in a federal district court in Minnesota over claims they knowingly marketed and sold stain repellents to carpet manufacturers without disclosing the associated PFAS risks.

3M, which expects to exit all PFAS manufacturing globally by the end of 2025, has faced multiple lawsuits in recent years. Last year, it settled a multidistrict PFAS firefighting foam lawsuit for $10.3bn and an additional $54m PFAS court settlement along with footwear manufacturing company Wolverine Worldwide.

Chemours, DuPont de Nemours and Corteva also reached an agreement in 2023 to pay $1.185bn to resolve PFAS-related claims from drinking water operators. Daikin has also been named in previous litigation over water contamination due to PFAS.