INDIANAPOLIS — The office of Indiana Attorney General Todd Rokita recently filed a lawsuit on behalf of the state of Indiana against more than 20 companies, claiming that they knew the health risks and the dangers of Per- and polyfluoroalkyl substances, otherwise known as PFAS.
According to the complaint, filed by Rokita’s office on Wednesday in Shelby County, the office is alleging that 22 companies knew of the toxic impact that PFAS was having on the state of Indiana’s drinking water and natural resources, posing serious health risk to residents throughout the state.
The companies listed as defendants in the lawsuit include:
- 3M Company
- AGC Chemicals Americas, Inc.
- Archroma U.S. Inc.
- Arkema Inc.
- BASF Corporation
- Buckeye Fire Equipment Company
- Carrier Fire and Security Corporation
- Carrier Fire and Security Americas Corporation
- Carrier Global Corporation
- ChemDesign Products, Inc.
- Chemguard, Inc.
- Clariant Corporation
- Corteva, Inc.
- DuPont de Nemours, Inc.
- Dynax Corporation
- EIDP, Inc.
- The Chemours Company
- Kidde-Fenwal Inc.
- Kiddie Limited
- National Foam, Inc.
- United Technologies Corporation
- Tyco Fire Products
- ABC Corporations 1-10.
Officials said PFAS, also known as “forever chemicals,” is a category of water-resistant substances that are used in various substances, including non-stick cookware, stain-resistant carpets and clothing, as well as firefighting foam. PFAS remains in the environment after it is used, contaminating the air, drinking water, groundwater and soil.
“Despite this knowledge, Defendants chose not to take steps to reduce those risks; instead they continued to advertise, market, manufacture for sale, offer for sale and sell PFAS-containing products… to… state and local governments, fire departments, businesses and everyday consumers,” the lawsuit reads.
“Now that the state and the larger public are becoming aware of just some of the massive problems Defendants have created while reaping enormous profits, Defendants are seeking to foist the equally massive costs of addressing those problems onto the victims of their deceit.”
The lawsuit cites that the United States’ Environmental Protection Agency has identified more than 12,000 types of PFAS. Exposure to the “forever chemicals” could lead to negative health effects, including:
- Decreased fertility
- Increased risk of certain cancers, including kidney and testicular cancers
- Reduced ability of the body’s immune system to fight infections, including reduced vaccine response
- Thyroid disease
- Medically diagnosed high cholesterol and/or high risk of obesity.
The lawsuit claims that the actions by the defendants contributed to the PFAS contamination fo the state’s air, various water sources and other natural resources. The lawsuit states that levels of PFAS above the EPA’s health advisory levels have been found in public drinking water in multiple Indiana counties, including Marion, Elkhart, Bartholomew and Madison.
“Through these actions, toxic and persistent ‘forever chemicals’ are contaminating countless water supplies, and it will require significant effort and expense to supply potable water to large numbers of people in the state and to investigate, treat, and remediate the contamination of the state’s natural resources, property held in trust by the state and/or property otherwise owned by the state,” the lawsuit reads.
“The injury caused by PFAS contamination to the state of Indiana, the wellbeing of its residents and its natural resources, is indivisible and attributable to all Defendants. For the reasons set forth herein, the state seeks to hold defendants accountable for the harm they have caused, and continue to cause, to Indiana and its residents.”
The office claims that the companies violated state and federal environmental regulations, as well as the Indiana Deceptive Consumer Sales Act and the Indiana Product Liability Act. The overall goal of the suit is for the defendants to be liable for PFAS-related costs throughout the state, including the costs to clean up and remove the chemicals, to monitor it and investigate further contamination.
Officials from Rokita’s office said the lawsuit is being filed in Shelby County after PFAS contamination was reportedly found at the Shelbyville Army Aviation Support Facility. Officials said the contamination was “likely caused by defendants’ aqueous film-forming foam… a product used for firefighting training and emergency response.”
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