Borrego Sun - Since 1949

Per- and Polyfluorinated Substances (PFAS) are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water. Fluoropolymer coatings can be in a variety of products including: Cleaning, Water-resistant fabrics, moisture and grease-resistant paper, nonstick cookware, personal care products, like shampoo, dental floss, nail polish, eye makeup and last but not least stain-resistant coatings used on carpets, upholstery, and other fabrics. When water is exposed to PFAS, it is quickly absorbed and difficult to remove. PFAS is a dangerous combination of a EVERWHERE AND FOREVER Chemical.

A settlement has been reached with Defendants in a product liability class action lawsuit involving all Public Water Systems in the U.S. that draw or otherwise collect from any Water Source that, on or before June 22, 2023, was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level; and All Active Public Water Systems in the U.S. that, as of June 22, 2023, do not draw or otherwise collect from any Water Source that was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level and (i) are required to test for certain PFAS under U.S. EPA’s UCMR-5, or (ii) serve more than 3,300 people, according to U.S. EPA’s SDWIS data system. “SDWIS” stands for the Safe Drinking Water Information System. All other capitalized terms have the same meaning as in the Settlement Agreement, available at http://www.PFASWaterSettlement.com.

3M has agreed to pay an amount not less than $10,500,000,000 and not more than $12,500,000,000, subject to final approval of the Settlement by the Court and certain other conditions specified in the Settlement Agreement. In no event shall 3M be required under the Settlement Agreement to pay any amounts above the Settlement Funds. Any fees, costs, or expenses payable under the Settlement Agreement shall be paid out of, and shall not be in addition to, the Settlement Funds.

If you are a Class member and do nothing, you will be bound by the Settlement and will give up any right to sue 3M in a separate lawsuit related to the Claims in this lawsuit. Class Members have the right to object to the Settlement and/or ask for permission to appear and speak at the Final Fairness Hearing. Class Members also have the right to “opt out,” meaning to exclude themselves from the Settlement by DECEMBER 11, 2023. If you are a Class Member and do not exclude yourself, you will be bound by the Settlement and will give up any right to sue 3M in a separate lawsuit related to the Claims in this lawsuit. The “good news” in this scenario is BWD has not seen any PFAS contamination to date, and therefore will not be participating in the Settlement at this time and OPT OUT.