Attorney General's Office seeks documents on how company marketed GenX

RALEIGH – The State of North Carolina is launching an investigation into whether Chemours used deceptive trade practices in its marketing of GenX.

North Carolina Attorney General Josh Stein issued an “investigative demand” Friday requiring Chemours to produce documents related to the chemical's safety, how GenX compares to older chemicals and its health risks. The Attorney General’s Office also wants any documents provided to the U.S. Environmental Protection Agency and state regulators regarding GenX in Fayetteville’s wastewater.

“When something is marketed as sustainable, people think it’s safe,” Stein said in a statement Friday. “That’s never more important than when it is in their drinking water or the lining of the pots and pans they use to cook for their families. We need to know more about how Chemours markets GenX, its risks and its environmental sustainability -- that’s what this action demands.”

Chemours has 30 days to produce the documents, according to the order. If Chemours does not respond to the demand, the Attorney General’s Office can ask the court to force a response or be held in contempt, according to the agency.

Since early June, residents and officials have expressed great concern that GenX, about which very little is known, was found in their drinking water. A StarNews special report last month revealed that Chemours -- and before that DuPont -- has been releasing GenX into the Cape Fear River on-and-off since 1980 as a discharge from a vinyl ether process being conducted at its Fayetteville Works plant.

In recent weeks, since Chemours has started capturing wastewater from the main source of GenX, the testing results have largely declined below the new GenX advisory level, which was downgraded late last week from nearly 71,000 parts per trillion (ppt) to 140 ppt.

Specifically, the Attorney General’s Office wants to know how GenX is an improvement over C8, a chemical linked to cancer. Stein’s office also wants documents provided to the EPA under the Toxic Substances Control Act, studies used to determine risks and benefits of GenX and the abatement technology Chemours used starting in 2013 to remove GenX from the wastewater flow.

Chemours did not return calls seeking comment.

The announcement comes days before Cooper announced plans to visit Wilmington to meet with local officials to talk about the state’s next steps. The attorney general’s investigation was applauded by local leaders.

"Now we're getting some action to determine how GenX got (into the Cape Fear River)," Wilmington Mayor Bill Saffo said. "I'm glad to see they're going to do a thorough investigation of how this ended up happening. It's good to hear the attorney general is taking action."

The move likely accelerates the discovery process related to pending civil lawsuits. Woody White, chairman of the New Hanover County Commissioners, said those exposed to GenX won’t have to wait decades to learn more about the health effects of the chemical.

“It is very encouraging,” he said. “I’m pleased that the attorney general is using the strong arm of the law to fight for the citizens of our community.”

Reporter Tim Buckland contributed to this report.

Reporter Kevin Maurer can be reached at 910-343-2384 or Kevin.Maurer@GateHouseMedia.com.