Hardwick v. 3M Co., No. 22-3765 (6th Cir. 2023)
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Hardwick alleged that his bloodstream contains trace quantities of five chemicals (PFAS)—which are part of a family of thousands of chemicals used in medical devices, automotive interiors, waterproof clothing, food packaging, firefighting foam, non-stick cookware, ski and car waxes, batteries, semiconductors, aviation and aerospace construction, paints and varnishes, and building materials. Hardwick, who was exposed to firefighting foam, does not know what companies manufactured the particular chemicals in his bloodstream; nor does he know whether those chemicals might someday make him sick. Of the thousands of companies that have manufactured PFAS since the 1950s, Hardwick sued 10 defendants and sought to represent a class comprising nearly every person “residing in the United States.” The district court certified a class comprising every person residing in Ohio with trace amounts of certain PFAS in their blood.
The Sixth Circuit remanded with instructions to dismiss the case. Even at the pleadings stage, the factual allegations, taken as true, “must be enough to raise a right to relief above the speculative level.” The element of traceability requires a showing that the plaintiff’s “injury was likely caused by the defendant.” The district court treated the defendants as a collective, but “standing is not dispensed in gross.” Even if Hardwick met the actual-injury requirement he must tie his injury to each defendant.” Hardwick’s conclusory allegations do not support a plausible inference that any of the defendants bear responsibility for the PFAS in Hardwick’s blood.
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