Judge Certifies Class Action Lawsuit Against Middlesex Water Co.

EDISON, NJ — A superior court judge last week certified a lawsuit against Middlesex Water Company as a class action lawsuit.

Judge Michael A. Toto of the Middlesex County Superior Court ruled that the lawsuit “meets the requirements of Class Certification” and all residents affected by the water company can join the litigation.

The lawsuit was filed on behalf of Middlesex County residents who received notices from Middlesex Water Company that their water has levels of Perfluorooctanoic Acid (PFOA) above drinking water standards. Read More: Middlesex Water Says Edison-Metuchen Water Supply Has High PFOA

The company sent out a tainted water supply notice to customers on Oct. 22 informing customers the water supply had high levels of PFOA. The notices were expanded to other townships on Nov. 8.

Toto ruled to divide the class action lawsuit into four groups. Class A includes customers in Edison, Metuchen, Woodbridge, and Rahway; Class B would include customers from South Plainfield, Clark, Edison, Metuchen, Woodbridge, and Carteret.

The third group includes individuals in any of these townships who either have specific health conditions or have an infant. And finally, the “No-Notice Class” would include anyone in these townships that reside in apartment complexes, elderly homes, etc., who would not have received the notice directly.

“While these classes represent only fractions of Defendant’s total customer base, it is easy to speculate that each class or subclass would have thousands of members,” Toto said in his ruling.

Perfluorooctanoic acid or PFOA is a member of the group of chemicals called per- and polyfluoroalkyl substances (PFAS), used in the manufacture of non-stick cookware and other products, including other commercial and industrial uses.

“This class action brings a huge measure of justice to the thousands of consumers affected by this tainted water. The Court wisely set up several subclasses of consumers, so all affected customers, whether they simply ingested the tainted water, or have developed health problems as a result, will have a voice in this case,” said attorney Michael Galpern who brought the lawsuit on behalf of Tomas Vera, an Avanel resident.

Middlesex Water Company serves over 60,000 homes. Read More: Middlesex Co. Mayors Announce Action After Tainted Water Notice

“This ruling is a benefit to plaintiffs and this case will eliminate the PFOA in the water supply effecting approximately 61,000 homes in Middlesex County,” said attorney Stephen DeNittis, co-counsel. “We are still seeking justice for our clients to compensate them for the expense of paying for consultations with doctors, bottled water, water filters, or similar costs incurred as recommended by Middlesex Water Company in the PFOA violation notices it sent out to its customers.”

The company told consumers that it received a notice in early September that the PFOA limit rose to 36.1 parts per trillion (ppt) in a sample collected on Aug.2, which is more than twice the permissible limit of 14 ppt enforced by the NJ Department of Environmental protection.

The heightened reading was due to a new shift in standards by the NJDEP which started regulating PFOA in the summer of 2020.

Boiling water does not remove PFOA and only filters with granular-activated charcoal can remove it. The company asked consumers to use bottled water or install a home water filter.

Long-term exposure to PFOA results in problems to the liver, immunity, thyroid, cholesterol changes as well as developmental issues in infants.

Middlesex Water Company’s Park Avenue well field has been shut down and the
company is currently replacing that water supply with alternate sources that comply with all state and federal drinking water standards.

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