Teflon, C-8 Litigation Heating Up Scientific Panel
Recommends Listing C-8 As Human Carcinogen

Litigation and scientific investigation over the health effects and environmental contamination of a perflourinated compound called C-8 which is used by DuPont in manufacturing Teflontm products, 3M in Scotchguard products, and by other companies to make non-stick products has been brewing for several years. In 2006, DuPont paid $10 million in fines to settle an EPA enforcement action over the asserted non-disclosure of human health and environmental risks. DuPont also settled a class action for over $100 million alleging contaminated water supplies near its West Virginia plant. 3M discontinued manufacturing the compound in 2000.

Earlier in 2006, a Multi District Litigation (“MDL”), was set up in the Northern District of Iowa to consolidate 14 separate class actions against DuPont pending around the country by consumers of Teflontm coated products. An EPA scientific advisory board has issued a draft report suggesting that EPA categorize C-8 as a likely human carcinogen. C-8 has also been allegedly linked to reproductive and developmental defects in humans.

What this all means is that there will likely be protracted litigation over the safety and environmental concerns related to C-8 and Teflontm, and there will likely be significant insurance coverage litigation as well.

Provizer & Phillips is well suited to assist in any coverage disputes or in the defense of such litigation.

June 1, 2006