B.C. sues over 'forever chemicals' in a Canadian first

British Columbia has become the first Canadian province to sue chemical companies over toxic "forever chemicals" and the effect they have on the environment and human health.

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of chemically similar water- and grease-resistant chemicals used in everything from firefighting foam to outdoor clothing and food wrappers. They do not break down in nature, can bioaccumulate in animals and humans, and can cause cancer, endocrine disorders, thyroid disease and other problems.

On Friday, the province's attorney-general, Niki Sharma, announced the government has filed a civil suit against five major PFAS producers, including chemical giants 3M and DuPont de Nemours.

The province wants the companies to cover the cost of cleaning PFAS-contaminated drinking water and a public acknowledgement the companies mislead consumers about the risks their products pose.

"This class action seeks compensation for the cost of issues caused by ‘forever chemicals’ being present in our drinking-water systems," Sharma said in a statement. "This case will ensure that companies that created the problem, and profited from these chemicals, pay their fair share."

PFAS were first created in the 1940s by American chemical company 3M; by the 1950s, they had started being used in a variety of materials like plastics and firefighting foams. However, internal company studies conducted in the decades since PFAS were created found they were more dangerous to health and the environment than advertised – findings the companies hid from the public and government regulators, the court filings note. In May, a story in ProPublica revealed the lengths to which 3M had gone to undermine efforts to understand the effects of the chemicals.

The suit alleges that information should have been made public, and pushed the companies to recall and stop producing products containing PFAS. Moreover, it alleges the companies' marketing for the chemicals breached Canada's competition laws, and that they conspired to hide the harmful impacts of PFAS to "maximize profits from the sale of PFAS-containing products.''

While the B.C. lawsuit is the first time a Canadian government has sued PFAS manufacturers for the damage their products have caused, it comes amidst growing efforts to ban the chemicals. Earlier this year, the U.S. implemented strict new drinking water guidelines targeted at PFAS; several American states and the European Union have also implemented bans or strict rules around the chemicals. For instance, Maine has banned PFAS in cookware, textiles and other products.

They have also triggered hundreds of lawsuits in the U.S., which have so far resulted in several major settlements worth over $15 billion, including payments to water utilities for costs associated with removing the chemicals.

Last May, Environment and Climate Change Canada published an assessment of the health and environmental impacts of PFAS that assessed the chemicals as a class, instead of individually. Environmental groups hope the approach signals the government is likewise considering listing the entire class of chemicals as toxic, enabling them to enact more effective restrictions on PFAS. Canada's chemical industry staunchly opposes that approach and has been lobbying against it for months.

In March, B.C. Green MLA Adam Olsen tabled a bill to ban PFAS in the province. In a statement at the time, a spokesperson for B.C.’s Ministry of Public Safety and Solicitor General said the government is “reviewing the legislation."

B.C.'s lawsuit "is an important step in stopping the PFAS toxic legacy from growing, and we thank the BC government for stepping up on holding these PFAS ‘forever chemicals’ manufacturers responsible," said Cassie Barker, toxics program manager at Environmental Defense in a statement. "Now we need the federal government to use its regulatory tools to stop PFAS from entering the Canadian marketplace, our environment and our bodies."