In a significant legal victory for chemical manufacturers, an Ohio court of appeals has rejected an attempt to bring a class-action lawsuit against 3M, DuPont, and eight other companies regarding the alleged harm caused by PFAS chemicals. The ruling overturns the claim made by a former firefighter on behalf of nearly 12 million Ohio residents.

The case centered around the class-action lawsuit filed in 2018, which claimed that PFAS products produced by the companies had led to trace amounts of the chemicals being found in the bloodstreams of almost every American. PFAS, or per- and polyfluoroalkyl substances, are referred to as "forever chemicals" due to their resistance to decomposition and have been used in various consumer products for decades.

While 3M and DuPont have already agreed to pay over $15 billion to settle claims related to PFAS contamination of drinking water sources, legal experts suggest that the number of cases could continue to soar. Some speculate that litigation costs surrounding "forever chemicals" could surpass the largest-ever legal multi-case settlement in US history, which involved the tobacco industry paying more than $206 billion in 1998.

However, with this recent court decision, the three-judge panel for the Sixth Circuit Court of Appeals deemed that the lead plaintiff, former firefighter Kevin Hardwick, did not have grounds to sue because he was unable to identify which companies specifically manufactured the chemicals found in his bloodstream. The panel also noted that Hardwick had not provided sufficient evidence of current or impending illness associated with the chemicals.

The ruling has implications beyond this particular case, as a class of nearly 12 million claimants would have set precedent for courts nationwide. It underscores the challenges faced by PFAS plaintiffs in linking their alleged injuries to specific chemicals and defendants.

Thousands of individuals, municipalities, and states have already filed lawsuits alleging that PFAS chemicals have contaminated air, water, and soil, causing cancers and other serious medical conditions. As of August 2022, more than 6,400 cases related to PFAS harm had been filed in federal court, primarily targeting DuPont, with 3M emerging as another prominent defendant. Entities like grocery chain Kroger and sportswear cooperative REI are also embroiled in the litigation.

The significant costs awaiting major PFAS targets can be seen in 3M's $12.5 billion settlement approved by a federal judge in South Carolina in September. This settlement resolves claims brought by 19 public water suppliers and 22 states, related to the contamination of public drinking water sources with a fire-repelling PFAS called aqueous film forming foam (AFFF). Additionally, in 2018, 3M reached an $850 million settlement with the Minnesota attorney general over PFAS groundwater contamination.

While this recent legal victory offers some respite for chemical manufacturers, the battle over PFAS litigation is far from over. The complex nature of linking specific chemicals to health issues and identifying responsible entities continues to pose challenges for plaintiffs. As more cases are filed, the ultimate cost of these "forever chemicals" lawsuits remains uncertain.