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Cases / Chemical pollution · United States · 2023

Appeals court overturns PFAS blood-contamination class action against 3M

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 2 none on record · 1 not measured See the gaps

A US appeals court overturned a class action on behalf of about 11.8 million people with PFAS in their blood. According to the Washington Legal Foundation, the plaintiffs could not show which of ten companies, including 3M, had put the chemicals there.

What?
A federal appeals court overturned a class action on behalf of about 11.8 million people with PFAS in their blood, against ten companies including 3M. Washington Legal Foundation
Where?
Ohio, USA (appeal to the Sixth Circuit) Washington Legal Foundation
When?
Appeals decision on 27 November 2023. Washington Legal Foundation
Who?
Gained
Lost
Harmed
None on record
Why?
The class was overturned because the plaintiffs could not show which company had put PFAS into each class member's blood. Washington Legal Foundation
How?
A class action in which the district court accepted a class and the appeals court reversed it on traceability grounds. Washington Legal Foundation
6 of 6 questions answered from the record

What happened

The record, in order.

On 27 November 2023 the US Court of Appeals for the Sixth Circuit overturned a district court's acceptance of a class of about 11.8 million people with PFAS in their blood, the Washington Legal Foundation reported.

According to the Washington Legal Foundation, the plaintiffs could not show which of the ten defendant companies had put PFAS into the class members' blood.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2023-11-27Overturned on appeal
      PFAS blood-contamination class action against 3M and other companies
      US Court of Appeals for the Sixth Circuit · Civil · Class of about 11.8 million people with PFAS in their blood → Ten companies, including 3M

      The appeals court overturned the district court's acceptance of the class, because the plaintiffs could not show which of the ten companies had put PFAS into class members' blood. Washington Legal Foundation

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Record

    • None on record The sources reviewed do not report any settlement or damages in this class action.
    • None on record The sources reviewed do not say whether the plaintiffs refiled or appealed further.

    Did the harm stop?

    Not stated in the sources reviewed.

    Who paid?

    Not stated in the sources reviewed.

    Sources

    Voices on record: — Company or project— Government and regulators— Courts— Press and investigations✓ Communities and civil society— Researchers

    Communities and civil society

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.

    Science and environment

    PFOA (C8) and PFAS
    PFAS are a large family of human-made chemicals that persist in the environment and the body; PFOA, also called C8, is one of them and was used to make Teflon.

    Law and courts

    Class action
    A single lawsuit brought on behalf of a large group of people with similar claims.