Attorney General Lopez sues 25 manufacturers of firefighting ‘forever chemicals’

Attorney General Anne Lopez filed a civil complaint on behalf of the State of Hawaiʻi, against 25 manufacturers of aqueous firefighting foam (AFFF) products containing per- and polyfluoroalkyl substances (PFAS) including 3M Company, DuPonte De Nemours Inc., and Tyco Fire Products LP.

Commonly known as “forever chemicals,” PFAS are toxic to human health and do not break down in the environment. Since the 1940s, PFAS have been used extensively at airports and military installations throughout Hawaiʻi for firefighting, resulting in PFAS detections in samples taken from groundwater and soil. PFAS are also found in hundreds of products including stain and water-resistant fabrics, carpeting, cleaning products, and paints. Research indicates that exposure to PFAS can be linked to several types of cancer, infertility, and developmental issues in children.

The state alleges that these companies knew about the serious risks to humans and the environment for decades but concealed information about the chemicals’ negative effects to reap profits.

“PFAS chemicals have contaminated our environment and can cause serious health problems for the people of Hawaiʻi,” said Attorney General Lopez. “Corporations that created and unjustly profited from the sale of PFAS must pay to address the harms caused by PFAS throughout our state.”

The complaint details the defendants’ history of making and selling PFAS-containing products, the impacts those products have on Hawaii’s environment and human health, and evidence of PFAS contamination found across the state. It goes on to allege six causes of action, including: Public Nuisance, Negligence, Failure to Warn, and Unfair and Deceptive Acts or Practices.

The state seeks to recover damages and costs to abate the public nuisance caused by PFAS, including to investigate, test, clean up and remove, restore, treat, and monitor PFAS-related damage, among other remedies.

The case is State of Hawaiʻi ex rel. Anne E Lopez v. 3M Company, et al and was filed in the First Circuit Court for the State of Hawaiʻi. A copy of the filing can be found here.