July 19, 2005
S. Fla. law firms to lead Teflon class action
By John T. Fakler
Two South Florida law firms are spearheading a nationwide effort against E.I. Dupont De Nemours Co., alleging the chemical and manufacturing giant knew for more than 20 years that its Teflon product and chemical components had the potential to make people sick, but hid the fact from consumers.
Miami law firm Kluger, Peretz, Kaplan and Berlin, working with Fort Lauderdale's Oppenheim Pilelsky, said they are filing their class action against DuPont (NYSE: DD) in federal courts in states representing more than a third of the nation's population.
"The class of potential plaintiffs could well contain almost every American that has purchased a pot or pan coated with DuPont's non-stick coating, popularly known as Teflon," Kluger, Peretz principal Alan Kluger said.
The lawsuits call on DuPont to pay damages to every member of the class and to compensate each for purchasing replacement cookware.
The lawsuit charges Dupont had a duty to warn consumers of any potential health hazards of Teflon before people purchased cookware made with Teflon.
In addition, the lawsuit asks for two funds to be created. The first fund would monitor the health of consumers who purchased cooking products containing Teflon. The second fund would pay for independent scientific researchers to further investigate the potential for adverse health effects to consumers who used cooking products containing Teflon.
The lawsuit also seeks to ensure DuPont place a warning label on cooking products stating potential adverse and harmful effects of Teflon.
DuPont spokesman Cliff Webb said the company will against defend itself against the allegations raised in the lawsuit.
"Consumers using products sold under the Teflon brand are safe," he said.
Webb further said cookware coated with DuPont Teflon non-stick coatings does not contain the industrial chemical known as perfluorooctanoic acid (PFOA). The chemical has turned up in human blood and the Environmental Protection Agency has said studies it has evaluated have raised a number of potential toxicity concerns. The agency has said it needs additional scientific information before determining if PFOA should be regulated.
As for the legal request for DuPont to place a warning label on cooking products that contain Teflon, Webb said the U.S. Consumer Product Safety Commission recently rejected a petition to require a label warning for non-stick coatings.
"Health regulatory agencies across the globe have approved the use of Teflon coatings for non-stick cooking surfaces," he said.
Webb said DuPont Teflon non-stick coatings will not begin to deteriorate until the temperature of the cookware reaches about 500 degrees Fahrenheit. Significant decomposition will come when temperatures exceed about 660 degrees Fahrenheit, he added, explaining that temperature is well above the smoke point for cooking oil, fats or butter.
"Therefore, it is unlikely that decomposition temperatures for non-stick cookware would be reached without burning food to an inedible state," Webb concluded.
He acknowledged the high temperatures can be reached if dry or empty cookware is neglected on a hot burner or in an oven, but said over the last 40 years, DuPont has documented just one case of a "minor health effect" as a result of non-stick cookware.
