Two firefighting foam companies are asking to be removed from a southeastern North Carolina lawsuit aimed at companies using and manufacturing PFAS.
New Hanover County filed the lawsuit last month targeting several companies, including Chemours, DuPont, 3M, AGC Chemicals Americas, National Ford Chemical Company, Raytheon Technologies Corporation and others.
Tyco Fire Products and its subsidiary Chemguard worked with aqueous film-forming foam (AFFF) used to fight fires.
Tyco argues that “at least some of the AFFF” that resulted in the claims was manufactured by Tyco and other suppliers in line with military specifications, and that the county’s property including the Wilmington International Airport is required to use AFFF with military specifications.
The company argues it should be immune to civil liability for designing and manufacturing the AFFF with military specifications under the defense of “government contractor.”
They asked to have the action removed so it can be decided in a federal forum.
