On December 20, 2022 3M, Inc. announced it would discontinue
manufacturing of per and polyfluoroalkyl substances (“PFAS”) by the end of
2025. 3M is one of the world’s largest manufacturers of PFAS, accounting for
$1.3 billion in annual sales revenue. 3M plans to scale down its PFAS
manufacturing prior to the 2025 discontinuation date.
PFAS have been linked to infertility, thyroid problems, and
several types of cancer. They have been used in a variety of consumer products
for decades. Since the 1940s, chemical makers have used the highly durable
compounds to make nonstick cookware, flame-retardant equipment, and moisture-repellent
fabrics, notably 3M’s Scotchguard product. PFAS’s durability also causes them
to remain in the environment indefinitely.
3M and other manufacturers of PFAS have been named as
defendants in litigation across the United States. As of December 2022, 3M has
been named as a defendant in 3,511 cases related to PFAS chemicals. Of these,
3,441 are consolidated in federal multidistrict litigation. 3M and other PFAS
manufacturers have also been named in lawsuits by several states, including Minnesota
and California, for continuing to make PFAS products despite allegedly knowing
of the dangers associated with them for decades.
3M faces up to $30 billion in liability related to its PFAS
manufacturing. This is in addition to a new wave of lawsuits by military veterans
related to its earplug products. These lawsuits could together expose 3M to
over $100 billion in liability. Because the current PFAS litigation focuses
primarily on legacy products with broad environmental pollution issues already
at play, the move to halt its PFAS production likely will not halt the
continued onslaught of PFAS litigation against 3M. Due to the persistent nature
of PFAS chemicals, it is possible that the environmental and health fallout
from them will continue for many decades.
