In the 1930’s DuPont, a U.S. firm, invented and began to market a
substance called Teflon. Teflon is used today primarily as a non-stick coating
for pots, pans and other cookware. Teflon also has applications as a coating
for textile based products such as clothes, apparel, carpeting and furniture. When
manufacturing Teflon a chemical called perfluorooctanioc acid, or PFOA is used.
Teflon and PFOA are not the same – PFOA is a chemical, Teflon is a name brand. This chemical, which some scientists
have said is a likely human carcinogen, is the reason lawsuits have been filed.
The United States Environmental Protection Agency addresses PFOA,
or “C8” as it is sometimes called, giving specific attention to its potential harmful
effects. The EPA points out that they are unaware of any information that the
general public is being exposed to PFOA through the routine use of non-stick
cookware. The website also says that the EPA knows of no reason for consumers
to stop using non-stick cookware. The EPA points out that Teflon is not PFOA,
but that PFOA is used in the manufacture of Teflon.
DuPont also denies the claims that Teflon or the PFOA contained in
the Teflon causes cancer. Their product is safe. However, in 2004, DuPont did
agree to an out of court settlement in a class action suit brought on behalf of
approximately 50,000 residents living near a DuPont plant in West Virginia. The
basis of this class action was that DuPont had polluted the water in the Ohio
River south of their plant with PFOA. This resulted in birth defects and other
hazards, though DuPont admitted no liability in settling this suit. Given the
resolution of this class action, it is not surprising that attention has now
been focused on Teflon and the PFOA contained within it.
The main result has been that a number of lawsuits have been filed
across the US alleging that DuPont failed to properly warn of the potential
hazards of the exposure to PFOA in cookware. On May 12, 2006, a class action
lawsuit was filed in the United States District Court located in Des Moines,
Iowa.
The basis of the suit is the allegation that DuPont knew of the
harm exposure to PFOA could cause. Further, the PFOA in Teflon could become
toxic when the cookware reached certain temperatures that are easily attainable
on a household stovetop. The lawsuit also alleges that in addition to having
this knowledge, DuPont repeatedly lied to the public and government in saying
that Teflon was safe. The plaintiffs in the class action lawsuit have sought to:
1. establish a fund to provide for the independent study of the
harmful effects of Teflon;
2. immediately cease the manufacture and distribution of Teflon;
3. to replace or compensate the owner of any Teflon coated product; and
4. to provide warning labels indicating the potential harmful effects of
Teflon.
However, despite the numerous allegations raised in the suit and
the relief that has been requested, the lawsuit does not allege that anyone has
become ill or that the PFOA in the Teflon has ever made anyone sick. The crux
of the lawsuit is that the potential for injury may exist.
The lawsuit also alleges that DuPont has concealed documentation that addresses
the harmful effects of the PFOA in Teflon. While the suit does not specify a
specific dollar amount, it has been estimated that the suit, if successful,
could cost DuPont in excess of $5 billion.
The case is quite interesting for a number of reasons. DuPont,
having paid many of millions of dollars to settle a suit related to PFOA
exposure takes this matter quite seriously and recognizes the potential
exposure by way of this lawsuit. The scope and potential impact of this case is
perhaps one of the most far reaching of any class action ever filed in the
United States. There have been class actions in the past that have had a far
reaching impact based upon the members of the class; however, this Teflon case
has the potential to reach even further – clearly into the majority of the
homes in the United States.
In 2017, Bilott, the corporate lawyer
turned environmental crusader, won a $671 million settlement on behalf of more
than 3,500 plaintiffs. Those people claimed they had contracted diseases, among
them kidney cancer and testicular cancer, from chemicals DuPont allegedly knew
may have been dangerous for decades, and allowed to contaminate their drinking
water anyway.
Source: https://en.wikipedia.org
In Dark Waters, Todd Haynes (the
director of the movie) emphasizes the seemingly endless fight taken up by
Bilott, as DuPont brings its considerable resources to bear to defend itself
over the course of two decades. Watch the movie and understand the power of
MNCs!
References:
1.
DuPont, Teflon and the potential impact of a class action lawsuit, https://goldengridsystem.com
2. Dark Waters Tells the true story of the
lawyer who took DuPoint to court and won, Alejandro De La Garza, November
25, 2019 (www.time.com)
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