A $90 billion lawsuit has been filed against BASF Corporation, Bayer Material Science LLC, Dow Chemical Company and Huntsman International LLC for allegedly concealing the dangers of isocyanates to consumers and the U.S. Environmental Protection Agency, according to EcoWatch.
Dow in a statement to Law Newz, called the lawsuit meritless: “Dow has complied with all the federal laws and requirements referenced in the complaint. It is noteworthy that the law firm provided these allegations to the United States Department of Justice, which declined to intervene or take any action in support of the lawsuit. Moreover, the False Claims Act does not allow a claim for unassessed civil penalties.”
The lawsuit alleges that although the federal government knows that exposure to isocyanate can irritate the skin and mucous membranes and cause chest tightness and difficulty breathing, the companies named have privately acquired and withheld scientific evidence that isocyanate chemicals can cause serious health injuries in ways the federal government was not aware, which is a breach of the companies’ obligations under the Toxic Substances Act.
Isocyanates, including methylene diphenyl diisocyanate (MDI), polymeric MDI (PMDI) and toluene diisocyanate, are used in polyurethane products such as liquid coatings, adhesives and paints; flexible foam used in mattresses and cushions, rigid foam used in insulation; and elastomers used to make automotive interiors, according to the lawsuit, as reported by EcoWatch.
"Between at least 1979 and 2003, each defendant obtained and developed discrete and separate items of scientific and medical information that TDI, MDI and PMDI can cause and had caused permanent respiratory injury in humans when inhaled at levels below applicable inhalation exposure limits (low-level inhalation)," the lawsuit states, according to EcoWatch.
The lawsuit was filed by a whistleblower as a qui tam complaint, which, according to Law Newz, “is when a whistleblower brings legal action on behalf of the U.S. government. These complaints typically remain under seal while the government reviews them and decides whether to join.”
The lawsuit was recently unsealed after the government declined to join.
