1. Why was this notice issued?

This lawsuit has been “certified” as a class action. This means that the lawsuit meets the requirements for class actions and may proceed to trial. If you are included in the definitions of the Classes above, you are entitled to know about your rights and options before the Court holds a trial to decide whether the claims being made against the Defendants have merit. This notice explains all of these things.

Judge James C. Dever III, of the United States District Court for the Eastern District of North Carolina Southern Division, is currently overseeing this lawsuit. This case is known as Nix v. The Chemours Co. FC, LLC, No. 7:17-cv-00189. The people who sued are called the Plaintiffs. DuPont and Chemours are the Defendants.

2. What is this lawsuit about?

The lawsuit alleges that the Fayetteville Works plant, operated by the Defendants, discharged wastewater containing per- and polyfluorinated substances (“PFAS”) into the Cape Fear River beginning in 1980. As a result, the lawsuit alleges that the river water was polluted, drinking water was contaminated, and water pipes were damaged. It also alleges that PFAS can cause certain cancers and other diseases, and people living close to the plant who drank the polluted water became sick because they were exposed to PFAS. The lawsuit also alleges the Defendants knew PFAS was dangerous and did not tell anyone that they released these chemicals into the Cape Fear River and the environment around the Fayetteville Works plant.

The Defendants deny these claims. The Court has not decided whether the Plaintiffs or the Defendants are correct. The lawyers for the Plaintiffs will have to prove Plaintiffs’ claims in Court.

3. What are PFAS?

PFAS or per- and polyfluorinated substances are chemicals that make certain coatings and products that resist heat, oil, stains, grease, and water. They are often used to make non-stick pans, clothing, furniture, adhesives, food packaging, and electrical wire insulation. Plaintiffs allege that these chemicals do not break down naturally in the environment, can move through soil to contaminate drinking water, and have been linked to cancers and other diseases.

4. Why is this a class action?

In a class action, one or more people called “class representatives” (in this case, Victoria Carey, Marie Burris, and Brent Nix) sue on behalf of people who have similar claims. All of these people are a “class” or “class members.” One court and one case resolve the issues for all class members, except for those people who exclude themselves from the class.

5. Who is a member of the class?

In this class action there are two Classes: the Public Utility Class and the Groundwater Class. You are included if you are an owner or renter of residential property from February 1, 2015 to present whose property:

• is serviced by a public water utility servicing Bladen, Brunswick, Cumberland, New Hanover, or Pender Counties that draws water from or obtains water drawn from the Cape Fear River downstream of the Fayetteville Works plant (“Public Utility Class”), or

• receives drinking water from a groundwater source with quantifiable concentrations of any of certain PFAS from the Fayetteville Works plant (“Groundwater Class”).

There are also three damages subclasses:

• current residential property owner-occupiers or renters who have not yet installed both reverse osmosis filters and new water heaters on their property (“Owner-Occupier/Renter Damages Subclass”);

• property owners or renters who paid for bottled water, water heaters, and/or reverse osmosis filters from 2017 to present (“Purchaser Damages Subclass”); and

• property owners who purchased their residential property prior to June 2017 and have not installed both reverse osmosis filters and new water heaters (“Long-Time Property Owner Damages Subclass”).

6. Who is not included?

The Classes do not include the Defendants, government entities, or judicial officers involved in this case, and anyone who excludes themselves (see Question 11).

7. What should I do if I am still not sure whether I am included?

If you are still not sure whether you are included, you can ask for free help. Visit the website, www.NCPFASLitigation.com, or call 1-877-495-0948 for more information.

8. What are the Plaintiffs asking for?

Plaintiffs are asking for money and other benefits for the Classes, including the costs of filtration systems and bottled water and to replace plumbing and home appliances.

9. Is there any money available now?

No money or benefits are available now because the Court and/or jury has not yet decided whether the Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified of how to request a share.

Your Rights and Options
You have to decide whether to stay in the lawsuit or to exclude yourself by June 12, 2024.

10. What happens if I do nothing?

If you do nothing, you will automatically remain in the Class(es). You will be legally bound by all Court orders, good or bad. If you stay in the Class(es), you will not be able to sue the Defendants on your own about the claims in this lawsuit. If any money or benefits are awarded in the future, you may need to take action to get them.

11. What if I don’t want to be in the Class(es)?

If you decide not to participate in the lawsuit, you must exclude yourself—this is sometimes called “opting out.” If you exclude yourself, you will not get any money or benefits that may be obtained as a result of this lawsuit. You will not be bound by any Court orders, and you keep your right to sue the Defendants on your own about the claims in this lawsuit.

To exclude yourself from the Class(es), you must mail a letter to the Notice Administrator. Your request must include:

• your name, address, and telephone number;
• your email address (if available);
• a statement that you want to be excluded from the class action Nix v. The Chemours Co. FC, LLC, No. 7:17-cv-00189; and
• your signature.

Mail your exclusion request, postmarked no later than June 12, 2024, to:

DuPont Water Class Action Lawsuit Exclusions
c/o A.B. Data, Ltd.
P.O. Box 173062
Milwaukee, WI 53217

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes. The Court has appointed the following law firms to represent you and the other class members as “Class Counsel”:

Theodore J. Leopold
Leslie M. Kroeger
Cohen Milstein Sellers & Toll PLLC
11780 U.S. Highway One
Suite N500
Palm Beach Gardens, FL 33408
Vineet Bhatia
Susman Godfrey LLP
1000 Louisiana St.
Suite 5100
Houston, TX 77002-5096

S. Douglas Bunch
Alison Deich
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave. NW
Fifth Floor
Washington, DC 20005
Stephen Morrissey
Jordan Connors
Steven Seigel
Susman Godfrey LLP
401 Union St.
Suite 3000
Seattle, WA 98101

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense, and he or she must enter his or her appearance no later than June 12, 2024.

13. How will the lawyers be paid?

If Class Counsel recovers money or benefits for the Class(es), they will ask the Court for attorneys’ fees and expenses. If the Court approves Class Counsel’s request, the fees and expenses will be deducted from any money obtained for the Class(es) or paid separately by the Defendants. No matter what happens, you will not have to pay any attorneys’ fees or expenses to the lawyers representing the Classes.

A Trial

14. How and when will the Court decide who is right?

If the case is not dismissed or settled, the Plaintiffs will have to prove their claims at a trial that will take place at the United States Courthouse, 310 New Bern Avenue, Raleigh, NC 27601. During the trial, a jury and/or judge will hear evidence and decide whether the Plaintiffs or the Defendants are correct about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win any money or benefit for the Classes. No trial date has been set at this time.

15. Will I get money after the trial?

If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified of how to ask to participate (or request a payment or benefits) and what your other options are at that time. These things are not known now. Important information about the case will be posted on the website, www.NCPFASLitigation.com, as it becomes available.

Getting More Information

16. How do I get more information?

You can get more information at www.NCPFASLitigation.com, by calling toll-free 1-877-495-0948, by writing to DuPont Water Class Action Lawsuit, c/o A.B. Data, Ltd., P.O. Box 173062, Milwaukee, WI 53217, or by emailing info@NCPFASLitigation.com.