BASF Corporation enters class settlement with U.S. public water systems
On May 20, 2024, BASF agreed to a $316.5 million settlement with a nationwide class of U.S. public water systems that detected PFAS in their sources, allegedly linked to Aqueous Film Forming Foam (AFFF) products. This agreement, part of a multi-district litigation overseen by the U.S. District Court for the District of South Carolina, releases claims against BASF and other entities, including Ciba Specialty Chemicals, acquired by BASF in 2009. BASF will pay $4 million by July 15, 2024, and $312.5 million by March 1, 2025. The settlement is pending court approval and other procedural steps. BASF is pursuing insurance recovery for the settlement payments.
- $316.5 million settlement resolves significant litigation against BASF.
- Settlement covers PFAS claims, reducing potential future legal expenses.
- BASF is pursuing insurance recovery to offset settlement costs.
- Settlement does not constitute an admission of liability or wrongdoing by BASF.
- Settlement amount of $316.5 million is a substantial financial outlay.
- Several procedural and legal steps needed before settlement is final.
- Potential risk if too many public water systems opt out, allowing BASF to terminate the agreement.
- Settlement does not cover future claims post-May 15, 2024, or certain real property and wastewater claims.
- BASF will continue to face litigation for other AFFF-related cases, including personal injury and property damage claims.
FLORHAM PARK, N.J., May 21, 2024 (GLOBE NEWSWIRE) -- On May 20, 2024, BASF Corporation (“BASF”), the North American affiliate of BASF SE, agreed to a settlement with a nationwide class of public water systems that detected PFAS in their drinking water sources, which they allege to be associated with the use of Aqueous Film Forming Foam (“AFFF”) products. Some of the AFFF products at issue in the litigation were made using a surfactant produced by Ciba Specialty Chemicals (“Ciba”), which BASF acquired in 2009. In 2003, years before BASF acquired Ciba, Ciba sold that business line to another company. Under the terms of the agreement, BASF has agreed to contribute
BASF will pay
There are still several procedural and legal steps that must occur before the settlement is final and payments are made. The settlement is subject to approval by the MDL Court and other contingencies, and that process is expected to take several months.
The class of public water systems included in this settlement broadly includes any public water system (as defined in the settlement agreement) that detected PFAS in its drinking water sources as of May 15, 2024. The following systems are excluded from the settlement class: water systems owned and operated by a State or the United States government; systems that have not detected the presence of PFAS as of May 15, 2024; small transient water systems; and privately-owned drinking water wells. The settlement does not resolve claims of public water systems that request exclusion from the class (“opt out”) pursuant to the process to be established by the MDL Court, although it does provide BASF with the option of terminating the settlement if too many public water systems elect to opt out. It also does not resolve potential future claims of public water systems that detect PFAS in their water systems for the first time after May 15, 2024, or certain claims not related to drinking water, such as separate alleged claims relating to real property damage or stormwater or wastewater treatment. Finally, this settlement does not affect the other categories of cases that remain at issue in the AFFF MDL, such as personal injury cases, property damage cases, other types of class actions, claims brought by state or territory attorneys general, or other types of damages alleged to be related to the historic use of AFFF.
The settlement does not constitute an admission of liability or wrongdoing by BASF or Ciba. If the MDL Court does not approve the agreement or certain terms are not fulfilled, BASF will continue to defend itself in the litigation. BASF also intends to continue to defend itself in all remaining AFFF matters.
About BASF
BASF Corporation, headquartered in Florham Park, New Jersey, is the North American affiliate of BASF SE, Ludwigshafen, Germany. BASF has approximately 16,000 employees in North America and had sales of
At BASF, we create chemistry for a sustainable future. We combine economic success with environmental protection and social responsibility. Around 112,000 employees in the BASF Group contribute to the success of our customers in nearly all sectors and almost every country in the world. Our portfolio comprises six segments: Chemicals, Materials, Industrial Solutions, Surface Technologies, Nutrition & Care and Agricultural Solutions. BASF generated sales of
| Media Relations contact Molly Birman Phone: 201-602-8253 Email: molly.birman@basf.com | Additional contact Julia Arns Phone: 201-452-5780 Email: julia.arns@basf.com | BASF Corporation 100 Park Avenue Florham Park, NJ 07932 www.basf.com |
FAQ
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