Mars to join in ‘forever chemicals’ class action lawsuits
MARS — Council voted during its meeting on Monday night, March 17, to file a claim in two nationwide class action lawsuits, one against BASF Corporation and the other against Tyco Fire Products.
Both companies have recently settled for hundreds of millions of dollars in class action lawsuits from public water systems across the country, claiming the companies have contaminated public water with perfluoroalkyl and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.”
These chemicals, which are present in many consumer goods, have been linked to diseases such as cancer, liver damage and reproductive harm. Their nickname comes from the fact that they break down slowly in the environment. In 2023, the borough’s public works department identified traces of PFAS in the borough’s water system.
“They're not at the level of being anything serious,” said Mayor Gregg Hartung. “Most systems have them to some degree.”
Tyco entered into a settlement on April 12, 2024, to pay out $750 million to affected water systems, while BASF reached an agreement on May 21, 2024 to pay out $316.5 million. The deadline for any public water system to file a claim against the two companies is April 8.
Other companies that have settled similar class action lawsuits involving “forever chemicals” include DuPont and 3M.
According to Mars solicitor Christopher Reese, the borough became aware of the possibility of joining the BASF and Tyco lawsuits when it received a letter from the Pennsylvania Rural Water Association.
“It’s a group that helps smaller systems like ours, and somebody involved with that said, ‘You should be aware of these two class action lawsuits out there,’” Reese said. “So that’s what tipped us off.”
Unlike most other municipalities in Butler County, Mars is not part of a multi-municipal water authority, but has its own water department.
“We actually have a spring, and we provide our own water,” Reese said.