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. |