3M agrees US$10.3B settlement over PFAS contamination lawsuits but denies liability

26 Jun 2023 --- US-based manufacturing giant 3M has agreed to a payout of up to US$10.3 billion to provide public funding for water supplies contaminated with PFAS. The conglomerate agreed to the settlement following numerous lawsuits but denies any liability and pledges to defend itself against continuing litigation.

The payout will be spread over a 13-year period, and 3M has pledged to end all use of PFAS by 2025. But the company denies accusations that it knew of the dangers posed by PFAS to the environment and human health since it began using the chemicals over 20 years ago. 

“This is an important step forward for 3M, which builds on our actions that include our announced exit of PFOA and PFOS manufacturing more than 20 years ago, our more recent investments in state-of-the-art water filtration technology in our chemical manufacturing operations and our announcement that we will exit all PFAS manufacturing by the end of 2025,” says 3M chairman and CEO Mike Roman.

Despite thousands of lawsuits opened against 3M, the company released a statement saying the settlement is “not an admission of liability.” 

“If the agreement is not approved by the court or certain agreed terms are not fulfilled, 3M is prepared to continue to defend itself in the litigation. 3M also will continue to address other PFAS litigation by defending itself in court or through negotiated resolutions, all as appropriate.” 

Allegations of poisoned packaging, poisoned F&B
Lawsuits held against 3M accuse the corporation of spreading PFAS through packaging and F&B products, as well as personal care products like toilet paper and dental floss. This has poisoned public water supplies and posed an increased threat to US citizens. 

PFAS chemicals, also known as “forever chemicals” due to their durability in the environment, are linked to hormone disruption, immune system damage, and increased risk of cancer. 

PFAS is commonly used as a grease repellent in F&B packaging.The chemicals act as an effective grease repellent for F&B packaging, but the additives have been found to leach into products. Household items using the chemicals also expose consumers and the natural environment to toxicity. 

3M’s agreement aims primarily to remediate public water supplies (PWS) by detecting PFAS “at any level” in the future. Furthermore, the agreement will: 

• Provide funding for PWS nationwide for PFAS treatment technologies without further litigation.
• Provide funding for eligible PWS that may detect PFAS in the future.
• Resolve current and future drinking water claims by PWS related to PFOA, PFOS, and all other PFAS.
• Provide funding for PWS nationwide to conduct testing for PFAS.

PFAS alternatives 
Industry players are currently investing in R&D for PFAS alternatives that could serve as grease barriers for F&B products. 

Last year, Flinders University materials researchers in Australia and One-Five, a German biomaterials developer, began using seaweed extracts to develop biopolymer coating materials to replace current foodservice packaging. 

The non-pollutive biomaterials are designed to replace conventional fossil-based plastic coatings used in grease-resistant quick-service restaurant packaging.

Meanwhile, a recent study dismissed claims that polymeric PFAS is a safe alternative on the grounds that the chemicals are too heavy to escape from products. 

“The result is a regretful substitution since the newly introduced compound has similar properties to the compound it replaces. The replacement is considered ‘safer’ because less is known about that specific chemical,” Marta Venier, co-author, and professor at Indiana University, US, told Packaging Insights. 

By Louis Gore-Langton