The Costly Impact of DuPont‘s Teflon and PFOA: A Detailed Look at Major Legal Settlements

For decades, the chemical company DuPont reaped massive profits from products made using PFOA, an essential processing chemical used to make Teflon non-stick coatings. However, the toxicity of PFOA and DuPont‘s reckless pollution practices ultimately caught up with the company, resulting in billion-dollar lawsuit settlements and a tarnished public image.

This guide will provide a deep-dive into DuPont‘s use of PFOA, the ensuing contamination crisis and coverup, and the monumental legal settlements that held the chemical giant accountable. By exploring the key events, court battles, and staggering penalty figures, we can gain insight into how much DuPont has paid so far for its flagrant disregard of human life in the name of profit.

What is PFOA and How Did DuPont Use It?

PFOA, or perfluorooctanoic acid, is a fluorinated organic chemical produced synthetically by industrial companies. It was first created by chemists at DuPont in the late 1930s.

• By the 1950s, DuPont began using PFOA as a key component in making Teflon, the incredibly profitable non-stick coating invented by the company.

• Specifically, PFOA was essential to the emulsion polymerization process that allowed DuPont to produce stable dispersions of Teflon needed to coat surfaces.

• At peak production, DuPont‘s Washington Works factory used approximately 225 metric tons of PFOA annually to produce their Teflon materials.

So while PFOA enabled the creation of the hugely popular consumer product Teflon, it came at a devastating cost to the environment and human health:

• Toxic and Persistent: PFOA is a stable synthetic chemical not found in nature. It does not break down in the environment and builds up inside the human body upon exposure.

• Linked to Health Issues: Studies have linked high exposure levels to PFOA to increased risk of certain cancers, thyroid disease, ulcerative colitis and other conditions.

• Hazardous to Wildlife: PFOA released into the environment contaminates groundwater and accumulates up the food chain, impacting wildlife health.

How DuPont Contaminated Drinking Water with PFOA

For close to 50 years, DuPont repeatedly discharged PFOA powder and waste products into the environment near its manufacturing facilities:

• Into the Ohio River – PFOA was released from DuPont‘s Washington Works plant in West Virginia starting in the 1950s.

• Into the Air – Emissions from DuPont‘s smokestacks also contained PFOA that entered the local air and water supplies.

• Into Landfills – By the 1980s, solid PFOA waste was hauled to nearby landfills and buried (where it could still leach into groundwater).

• Into Local Waterways – PFOA was discharged directly into creeks feeding the Ohio River up until the early 2000s.

As a result, nearby drinking water supplies became severely contaminated with high concentrations of toxic PFOA:

• Up to 3.5 million times the current safe exposure limit set by the EPA for drinking water.

• Higher than 100,000 pg/L in some wells located near DuPont‘s Washington Works facility. The current recommended safe level is only 70 pg/L.

• 10-20 times the national average PFOA level detected in public water systems near known contamination sites.

With an estimated half-life of up to 9 years, the PFOA persisted in the environment and continued contaminating water supplies long after emissions were reduced. Tens of thousands of residents were unknowingly exposed for decades.

DuPont‘s Deception: Concealing the Risks of PFOA

There is significant evidence that DuPont was aware of the toxicity and environmental persistence of PFOA from their own internal studies as early as 1961. However, the company denied, downplayed, and concealed this knowledge from the public:

• In 1981, 3M (DuPont‘s PFOA supplier) researchers issued stern warnings about the toxicity of PFOA to monkeys. DuPont reassured them that any issues could be "handled" discretely without reaching regulators.

• By 1991, DuPont was aware that PFOA accumulated in humans and detected it in the blood of its factory workers at levels 5 times the national average. The information was kept secret.

• DuPont tracked the growing body of research linking PFOA to health problems through the 1990s but did not alert communities or regulators of potential risks.

• In 2006, a peer reviewed study found a probable link between PFOA exposure and health issues in exposed communities near the DuPont Washington Works facility.

While DuPont had evidence of PFOA‘s toxicity decades prior, the company continued discharging it into the environment up until the early 2000s, polluting drinking water sources knowingly for years. Their deceptive tactics delayed intervention and regulation by the EPA.

Timeline of the Major DuPont PFOA Lawsuit

After evidence of DuPont‘s pollution and deceit came to light in the late 1990s, an epic legal battle unfolded spanning nearly 20 years:

• August 2001 – A class action lawsuit is filed in West Virginia against DuPont on behalf of residents whose drinking water was contaminated by PFOA.

• September 2004 – DuPont agrees to settle the class action suit for $343 million to fund medical monitoring programs in affected communities. No liability is admitted.

• February 2005 – The EPA fines DuPont $11 million for violating the Toxic Substances Control Act and failing to report research into PFOA health risks.

• October 2015 – In test trials related to the original lawsuit, juries find DuPont liable for negligently releasing PFOA and award plaintiffs compensatory damages.

• March 2017 – Faced with over 3,500 pending damage claims related to PFOA exposure, DuPont agrees to pay $671 million in a global settlement right before trial.

In total it took over 15 years of intense litigation before DuPont accepted responsibility and agreed to compensate victims exposed to its environmental contamination.

Breaking Down DuPont‘s Massive PFOA Settlements

The total monetary settlements paid by DuPont so far as a result of PFOA contamination currently exceed $2 billion:

• $671 million class action settlement in 2017 to resolve 3,550 personal injury claims from Ohio and West Virginia.

  • $235 million medical monitoring fund

  • $65 million cash awards to class members

  • $21 million for water improvements

• $16.5 million to the State of Ohio for natural resource damage from PFOA pollution.

• $2 million settlement to the Tennant family whose farm was devastated by PFOA contamination from a nearby DuPont landfill.

• $1.6 billion settlement in 2015 by DuPont spinoff company Chemours that took over the firm‘s PFOA liabilities.

And DuPont is still embattled in dozens of ongoing PFOA-related lawsuits that could result in billions more in settlements. These monumental payouts reflect only a fraction of the profits DuPont earned over decades by flouting environmental regulations and cutting corners on proper PFOA disposal.

Is Teflon Still Used? What Happened to DuPont?

Yes, Teflon is still widely used today in non-stick cookware, waterproof fabrics, and many other products – it never did disappear from the market. However, the manufacturing of Teflon has changed:

• With PFOA phased out, most brands use slightly tweaked chemical cousins (like GenX) instead of original PFOA.

• In 2015, DuPont spun off its Teflon division into a new company called Chemours that is now responsible for any ongoing PFOA liabilities.

• The core DuPont business still exists as part of a merger with Dow Chemical that has formed the giant DowDupont company.

So while Teflon may still be commonplace, the DuPont company has been forever tarnished by internal documents revealing a reprehensible disregard for human life and the environment. By uncovering their abuses of power, the PFOA class action lawsuit ultimately forced DuPont to confront the true costs of its business decisions.