Silver Golub & Teitell Files New Lawsuit Against Kimberly-Clark Over PFAS Contamination From New Milford Facility

October 17, 2025

Silver Golub & Teitell has filed a lawsuit alleging that Kimberly-Clark Corp. has been illegally discharging dangerous "forever chemicals" into Connecticut's wetlands and watercourses, including the Housatonic River, for decades, contaminating and the state’s natural resources.

The lawsuit names Kimberly-Clark, the Town of New Milford, and the New Milford Inland Wetlands and Watercourses Commission as defendants. It alleges violations of the Connecticut Inland Wetlands and Watercourses Act and the Connecticut Environmental Protection Act, which empower Connecticut citizens to sue over environmental contaminations occurring throughout the state.

The lawsuit was filed on behalf of plaintiff Minah McBreairty, whose property at 288 Kent Road in New Milford sits directly across from a 165-acre unlined landfill operated by Kimberly-Clark from 1969 to 2010. The landfill was used to dispose of manufacturing waste from Kimberly-Clark's New Milford facility, which produced Huggies diapers from the late 1970s to 2004 and continues to produce Kleenex tissues.

Contamination Discovered in Drinking Water

Testing conducted in April 2024 revealed that drinking water from McBreairty's well contained high levels of PFOS and PFOA, two of the most hazardous types of per- and polyfluoroalkyl substances (PFAS). The PFOS concentration of 8.74 nanograms per liter and PFOA concentration of 4.83 nanograms per liter far exceeded maximum levels deemed safe by the Environmental Protection Agency.

Additional testing in May and August 2024 of water runoff from the Kimberly-Clark landfill detected PFOS at concentrations up to 31.2 nanograms per liter and PFOA at 9.33 nanograms per liter, contaminated water that flows directly into the Housatonic River, according to the complaint.

"No one should have to live with contaminated drinking water because a corporation chooses profit over environmental responsibility," partner Ian Sloss of Silver Golub & Teitell said. Mr. Sloss is bringing the case along with partner Johnathan Seredynski and associates Krystyna Gancoss and Kate Sayed. Silver Golub & Teitell highlighted the dangers presented by the landfill in a separate lawsuit against Kimberly-Clark in February 2024, a class action that is pending in the U.S. District Court for the District of Connecticut.

PFAS: "Forever Chemicals" with Lasting Health Impacts

PFAS are synthetic chemicals that do not break down in the environment and accumulate in human bodies and wildlife. Exposure has been linked to kidney and testicular cancers, thyroid disease, liver damage, immune system suppression, and developmental harm in children.

The complaint alleges that Kimberly-Clark used PFOS, PFOA, and related chemicals in its manufacturing processes to provide liquid repellency and wet strength to diapers and tissues. Laboratory testing of vintage Huggies diapers and Kleenex products bought on eBay confirmed the presence of PFAS compounds, supporting allegations that contaminated manufacturing waste was disposed of in the landfill.

The lawsuit cites Kimberly-Clark patents dating to the 1970s that explicitly reference PFAS-containing products manufactured by 3M and DuPont, including FC-808 and FX-1801. These fluorochemical additives were used to manufacture the nonwoven materials in Huggies diapers and tissue products.

By 2000, according to the complaint, Kimberly-Clark knew these chemicals posed serious environmental and health risks, yet took no steps to address contamination already released in New Milford.

Local Commission Declined to Investigate

The complaint states that McBreairty notified the New Milford Inland Wetlands and Watercourses Commission of the alleged violations in February 2025, but the commission refused to investigate, citing limited resources. The lawsuit argues this refusal violates the commission's statutory duty to enforce environmental protections.

McBreairty seeks court orders requiring Kimberly-Clark to cease all PFAS discharges, investigate and remediate the contamination, and implement monitoring systems. The lawsuit also seeks to compel the Town of New Milford and its Inland Wetlands Commission to fulfill their enforcement obligations under state law.

The case is McBreairty v. Kimberly-Clark Corporation, in Connecticut Superior Court in Torrington.

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