As background, a water supply company in New Jersey issued two notices—one in October 2021 and the other in November 2021—to certain of its drinking water consumers that PFOA levels in their drinking water exceeded the state threshold of 14 parts per trillion. In light of the notice, the company advised consumers to install water filters or to use bottled water, and also instructed consumers with “specific health concerns, a severely compromised immune system, [] an infant, [who] are pregnant, or are elderly” to seek their health care provider’s advice. Unsurprisingly, a state court class action followed quickly in late 2021, with plaintiffs seeking medical monitoring, as well as a variety of damages including reimbursement for costs incurred in responding to the notices as well as the costs of medical evaluation, medical advice, bottled water, and water filters.
On April 21, 2022, Judge Michael A. Toto of the Middlesex County Superior Court certified five classes in the matter:
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Public water consumers who received the October 2021 notice;
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Public water consumers who received the November 2021 notice;
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Public water consumers whose drinking water is provided by the water supply company but not receive either of the above two notices;
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Public water consumers who received either of the two notices and also have an infant; and
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Public water consumers who received either of the two notices and, at the time the notice was received, had “specific health concerns, a severely compromised immune system, have an infant, are pregnant, or are elderly” and have or will incur medical expenses because they have or will follow the water supply company’s notice instruction to seek their health care provider’s advice.
We will continue to follow this case as it moves forward in New Jersey.
