In 1951, the chemical company, E. I. Du Pont de Nemours and Company (DuPont), began purchasing PFOA, referred to as C8 in the company for its chain of 8 carbons, from 3M for use in the manufacturing of Teflon [1]; a component used in non-stick pans and other non-stick surfaces.

By 1954, DuPont became aware of the possible toxicity of C8 [5], with researchers confirming toxicity during studies done on rats and rabbits; finding that the chemical could increase the size of the liver and eventually duplicated these results on dogs a year later [1]. Eventually, Dupont began to conduct human experiments, asking volunteers to smoke cigarettes laced with C8 so DuPont researchers could observe and record any reactions [4], adverse or not. Researchers observed that nine out of ten people within the group that received the highest dose of C8 were visibly sick with flu-like symptoms (ie. chills, backache, fever, coughing) for an average of nine hours [4].

Factory workers in the Washington Works facility in Parkersburg, West Virginia were discovered to have high levels of C8 in their bloodstreams [1], with DuPont becoming aware of C8’s bioaccumulation properties in blood and body tissues in 1978 [5]. By 1981, DuPont removed all female workers from the Teflon division after two out of seven employees delivered babies with birth defects [2]. 

DuPont eventually became aware of contaminated dust that was being vented from the chimney stacks of the Washington Works facility settling beyond the property line, contaminating the local water supply [1]. DuPont did not disclose the fact that the plant put approximately 19,000 pounds of C8 into the air [4]. Instead, in 1984, they sent employees to nearby gas stations and general stores; secretly filling up jugs with water so DuPont could test for C8 levels [3] [4]. These tests revealed that the water supply in Lubeck, West Virginia and Little Hocking, Ohio, across the river from the Washington Works facility, contained high levels of C8 [4]. Again, DuPont did not notify the towns of the water they had polluted, nor the U.S. Environmental Protection Agency; which, under the Toxic Substances Control Act of 1976, they are required to do. Once discovering that Lubeck’s water supply had been contaminated with C8, DuPont removed 14 million pounds of sludge laced with C8 from the unlined pits near the town’s wells; eventually dumping it into the Dry Run Landfill [3] [4], land previously owned by the Tennant family, cattle farmers who then helped start the fight against DuPont when they hired Rob Bilott to help them sue the negligent chemical company.

By 2000, 3M stopped producing C8, understanding that all the testing they had done had proven it to be a highly toxic substance. Instead of finding and using a safer alternative for the manufacturing of Teflon and Teflon associated products, DuPont then built a factory in Fayetteville, North Carolina to start producing C8 for its own use [1]. While 3M halted the production of C8, DuPont, knowing full well the negative results of the studies done by 3M, as well as their own internal studies, increased production and increased the amount of chemical and industrial waste they disposed of into unlined pits and releasing into the atmosphere.

In 1996, Wilbur Tennant and his family recorded video evidence of the foamy water in Dry Run Creek and sent it to West Virginia Department of Environmental Protection; the same creek the Tennant’s used to water their cattle, who eventually become deathly ill from drinking the contaminated water [3]. The teeth of the cattle began turning black, calves were being born with many deformities, and many not surviving. Many of the animals also began developing cancerous tumours, missing patches of hair, they were developing humps on their backs, their eyes were becoming milky and opaque, large lesions began protruding from their hides, along with many other startling side effects of drinking contaminated creek water [1].

After receiving the video, state regulators went out to Dry Run Landfill and documented many faults and shortcomings in the operations of the property, including erosion gullies that funnelled waste directly into Dry Run Creek [3]. As a result, the West Virginia Department of Environmental Protection ordered to pay $250,000 and, in return, the Department would not take any further action. Many were shocked by DuPont being fined such a small amount, especially in comparison to their annual revenue. Eli McCoy, the Department official who originally negotiated the deal, later became a consultant for DuPont [5].

Wilbur Tennant eventually sued DuPont in 1999, in the Southern District of West Virginia [1], for the death of his cows due to drinking contaminated water from the creek; hiring Rob Billott, a partner at the New York law firm Taft Senttinius & Hollister. In 2001, the Tennant’s and DuPont reach a sealed settlement [3].

While working on the Tennant case, Bilott discovered that DuPont and 3M had known of the high toxicity of C8 and had been conducting medical studies on the substance for more than 40 years; the evidence being provided in the documents DuPont was required to hand over for discovery during the Tennant case [1].

In 1993, an internal DuPont memo stated that “for the first time, we have a viable candidate” for replacing C8, appearing less toxic and remaining in the body for a much shorter period of time [1]. DuPont ultimately decided against switching to the new compound, as the products they were selling that were manufactured with C8 were worth more than $1 billion is annual revenue.

In 2004, DuPont settled a class action lawsuit against them, stating they knowingly polluted local water supplies for years and neglected to notify the public or necessary government agencies. The lawsuit included more than 80,000 plaintiffs and was settled for $374 million [3].

The next year, the Environmental Protection Agency and DuPont reached a settlement, with DuPont being fined $16.5 million, accusing the company of concealing its knowledge of C8’s high toxicity for more than 20 years and its presence within the environment; directly violating the Toxic Substances Control Act of 1976 [6].

At the time, $16.5 million was the highest civil administrative penalty the Environmental Protection agency had ever received. The fine was also less than 2% of the profits DuPont made that year on Teflon products.