Texas attorney general sues 3M, Dupont for ‘falsely advertising’ PFAS as safe

Texas is suing 3M and Dupont for deceptively marketing products containing PFAS, adding a new layer of litigation to the reckoning over the toxic “forever chemicals.”

The chemicals have been used for decades as nonstick, waterproof and stain-resistant coatings in products like 3M’s Scotchgard and DuPont’s Teflon. Texas Attorney General Ken Paxton says those companies knew for decades the dangers PFAS could pose to the environment and human health but still illegally advertised the products as safe.

“As early as 1963, 3M knew that its PFAS were highly stable in the environment and did not degrade after disposal,” reads the suit filed in federal court last week. “Despite this knowledge, 3M continued to market its products to customers, misrepresented them as safe for household and family use, and failed to disclose information regarding potential health and environmental issues to consumers to make educated purchasing decisions.”

Maplewood-based 3M did not immediately comment. The company is phasing out the use and manufacture of all PFAS products by the end of 2025 and has not used PFAS in Scotchgard for many years.

Several PFAS compounds have been linked to health problems, including certain cancers. Minnesota and several other states have taken steps to ban their use in consumer products.

Paxton said in a news release that his state is “taking action to penalize these companies and hold them accountable for deceiving Texans into buying consumer products without vital information.”

The lawsuit differs from most recent PFAS litigation for its focus on advertising and the Deceptive Trade Practices Act.

The $850 million PFAS settlement Minnesota struck with 3M in 2018 focused on harms to drinking water and natural resources, and 3M’s $12 billion settlement announced last year dealt with drinking water providers.

The Texas suit seeks potentially millions in damages for violating the Deceptive Trade Practices Act, which says that “false, deceptive, and misleading acts and practices in the course of trade and commerce” are illegal.