Attorney General seeks damages, including costs necessary to restore impacted natural resources and funding for State-run public health programs.

Attorney General Kathleen Jennings announced that the Department of Justice has filed a lawsuit to hold numerous companies accountable for contaminating Delaware’s natural resources with per- and poly-fluoroalkyl substances (PFAS) traceable to the use and disposal of aqueous film-forming foam (“AFFF”), a specialized firefighting foam product widely used at airports and military bases. The lawsuit results from a detailed investigation conducted over a two-year period, including environmental sampling and forensic analysis as well as review of corporate records.

In the lawsuit, the State alleges that 3M Company and other AFFF manufacturers caused damage to Delaware’s environment and jeopardized Delawareans’ health by introducing PFAS into rivers, streams, groundwater, soils, and wildlife. Each of the Defendants designed, manufactured, marketed, distributed, supplied, and/or sold PFAS-based AFFF products and/or AFFF components that contain or break down into toxic components that, when used as intended, result in significant environmental contamination and pollution with PFAS.  The lawsuits seek damages, including costs necessary to restore impacted natural resources and funding for State-run public health programs.

“I don’t care who you are: if you harm Delaware and its people, we will hold you accountable,” said Attorney General Jennings. “3M and the other defendants knew the dangers that PFAS posed and they still chose profits over our neighborhoods and our children. Delawareans shouldn’t have to pay the costs of corporate greed, and we’re taking action to ensure that they won’t.”

The lawsuit was filed in the Superior Court of Delaware and seeks monetary damages, including natural resource damages and costs to test, monitor, assess, and respond to contamination. The natural resources impacted include groundwater and other resources near the New Castle County Airport in New Castle County and the Dover Air Force Base in Kent County where AFFF products were long used and disposed of.  Impacts to State property, private drinking water wells, water supplies, and public natural resources have been identified as a result of these natural resource impairments.

The complaint details a pattern of pollution and deception that went on, in some instances, for decades. Specific details from the complaint includes:

• Corporate records from 3M show that it developed a sophisticated understanding of health and environmental hazards that PFAS posed no later than the 1960s. The company concealed this information and developed thousands of industrial applications for the chemicals, including its own PFAS-based AFFF products and sales of chemicals to manufacturers for incorporation into their AFFF products, generating billions of dollars in revenue.
• Safer alternatives to AFFF not containing or breaking down into toxic PFAS were available when the Defendants designed, manufactured, marketed, distributed, supplied, and/or sold the products.
• Defendants also failed to provide adequate warnings and instructions with their AFFF products that may have eliminated or limited the release of PFAS from AFFF into the environment, or otherwise mitigate their detrimental environmental effects.
• At the New Castle County Airport and Dover Air Force Base, PFAS-based AFFF products were sprayed directly on or near the ground in firefighting and fire training exercises, causing it to be disposed, spilled or otherwise discharged or released into the environment as a matter of ordinary and intended usage.

PFAS compounds are toxic and do not occur naturally. Due to the extraordinary strength of the carbon-fluorine bond that defines these compounds, they resist natural degradation processes and are commonly called “forever chemicals.” PFAS compounds accumulate in living tissue, leading to chronic exposures, and several have been linked to cancer, thyroid disruption, ulcerative colitis, and developmental and systemic disorders. Several Delaware water utilities have installed specialized filtration technologies to remove PFAS from drinking water.

Delawareans who receive their drinking water from private wells are strongly encouraged to annually check their water. A simple water test is available from the State of Delaware for $4, with more comprehensive tests available from private companies. Learn more at https://dhss.delaware.gov/dph/lab/privdw.html. Delawareans who receive their water from a community water system should still monitor their public water systems through the Delaware Drinking Water Watch at https://drinkingwater.dhss.delaware.gov.

An Elsmere man will serve a lengthy prison sentence after pleading guilty to multiple felonies, including Delaware’s first conviction under a Forced Labor statute originally passed in 2014.

On October 13, Martin Ortiz-Lozano, 34, was sentenced to fifteen years in prison after pleading guilty to two counts of Child Abuse in the First Degree and one count of Human Trafficking a Minor – Forced Labor.

In September 2021, Ortiz-Lozano had his minor child brought to Delaware from Mexico and forced them to work hard labor, seven days a week. The child was not sent to school and was assaulted on a daily basis, resulting in facial fractures, a collapsed nasal passage, displaced teeth, and other injuries. Ultimately, the victim underwent an extremely long and complex surgery to repair the damage that was caused by the repeated abuse.

“Every child needs love and support,” said Attorney General Kathy Jennings. “Instead, this victim was exploited by the person they needed the most. The violence and abuse that this child suffered were unthinkable; and while the child is now safe, there is still a long path to healing from this kind of trauma. I’m proud of the work that our team and our law enforcement partners did to bring the defendant to justice.”

This case was investigated by Det. Scott Sowden of the Elsmere Police Department, along with the Department of Justice. This conviction and sentence were secured by Deputy Attorney General Nikki Warner, Nurse Analyst Lauren Welling, Paralegal Jayna Quillen, Social Worker Bettina Jones, Investigator Guillermo Santiago, and Legal Assistant Luz Zermeno, with support from Investigation Coordinator of the Office of the Child Advocate Michael Cooksey.

Attorney General Kathy Jennings announced Tuesday that Delaware has joined a bipartisan coalition of attorneys general suing Meta in federal and state courts, alleging that the company knowingly designed and deployed harmful features that purposefully addict children and teens on Instagram and its other social media platforms. At the same time, Meta falsely assured the public that these features are safe and suitable for young users.

The attorneys general assert that Meta’s business practices violate state consumer protection laws and the federal Children’s Online Privacy Protection Act (COPPA). These practices have harmed and continue to harm the physical and mental health of children and teens and have fueled what the U.S. Surgeon General has deemed a “youth mental health crisis” which has ended lives, devastated families, and damaged the potential of a generation of young people.  

“This litigation underscores our office’s commitment to safeguarding some of our state’s most vulnerable citizens—children, teens, and young adults,” said Attorney General Jennings. “As the case will reveal, Meta is aware of the unsafe and addictive nature of its products, yet consistently chooses not to implement fundamental safety measures, opting instead to deceive the public.  Companies prioritizing profits over the safety of Delawareans will be held accountable, irrespective of their size.”  

The complaint, joined by 33 states and filed in U.S. District Court for the Northern District of California, alleges that Meta knew of the harmful impact of its platforms, including Facebook and Instagram, on young people. Instead of taking steps to mitigate these harms, it misled the public about the harms associated with use of its platform, concealing the extent of the psychological and health harms suffered by young users addicted to use of its platforms. The complaint further alleges that Meta knew that young users, including those under 13, were active on the platforms, and knowingly collected data from these users without parental consent. It targeted these young users noting, as reported in a 2021 Wall Street Journal article, that such a user base was “valuable, but untapped.” 

While much of the complaint relies on confidential material that is not yet available to the public, publicly available sources including those previously released by former Meta employees detail that Meta profited by purposely making its platforms addictive to children and teens. Its platform algorithms push users into descending “rabbit holes” in an effort to maximize engagement. Features like infinite scroll and near-constant alerts were created with the express goal of hooking young users. These manipulative tactics continually lure children and teens back onto the platform. As Aza Raskin , the original developer of the infinite scroll concept, noted to the BBC about the feature’s addictive qualities: “If you don’t give your brain time to catch up with your impulses, . . . you just keep scrolling.” 

Meta knew these addictive features harmed young people’s physical and mental health, including undermining their ability to get adequate sleep, but did not disclose the harm nor did they make meaningful changes to minimize the harm. Instead, they claimed their platforms were safe for young users. 

These choices, the complaint alleges, violate Delaware’s consumer protection laws and COPPA. The complaint seeks injunctive and monetary relief to rectify the harms caused by these platforms. In addition to a court order banning Meta from continuing its unlawful and dangerous practices, the Attorney General is also asking the court for monetary restitution on behalf of the tens of thousands of young Delawareans who use Meta’s platforms every day, as well as civil penalties.

“I am laser focused on the role that social media plays in intensifying the spread of harmful content and fostering addiction among young people to their platforms,” stated Attorney General Jennings.  “Whether it’s content that promotes self-harm or glorifies crime and violent conduct in our communities, companies must take decisive action to ensure that their websites do not endorse perilous behavior that harms the mental health of its users. When they refuse to take action, our office will pursue them with the full force of the law.”

Nearly all the attorneys general in the country have worked together since 2021 to investigate Meta for providing and promoting its social media platforms to children and young adults while use is associated with physical and mental health harms. While some states have pursued litigation in state court and others in collective federal action, the attorneys general will continue to work together as the litigation continues. 

This matter is being handled by Consumer Protection Director Marion Quirk, Deputy Attorney General Dash Radosti, and Paralegal Diana Anderson of the Consumer Protection Unit, with oversight by Fraud and Consumer Protection Division Director Owen Lefkon.

A Claymont man has pleaded guilty to several charges in the 2022 murder of Kevin Goodson, which means that all three men responsible for the murder are convicted and face up to life in prison. On October 10, 21-year-old Justin Locke pled guilty to Murder 2^nd Degree, Possession of a Firearm During the Commission of a Felony, Conspiracy 1^st Degree and Kidnapping 1^st Degree in New Castle County Superior Court. The plea follows an investigation that found that Locke and two associates assaulted Goodson in a Claymont parking lot, beating him nearly to death before kidnapping him, dumping him in the woods to die, and ultimately shooting and setting fire to his lifeless body. 

“These men displayed an abhorrent level of violence and cruelty,” said Attorney General Kathy Jennings. “The kind of hatred and disregard for human life that can drive this brutality is unfathomable. I’m grateful for all the work our prosecutors and the Delaware State Police did to find these killers, to hold them accountable, and to secure justice for the victim.” 
 

On July 24, 2022, Locke and two associates, Jeffrey Labarge, 23, and Tyler Simpson, 23, physically assaulted Goodson, 56, in a parking lot off Philadelphia Pike in Claymont, beating him unconscious before fleeing. The three returned shortly thereafter, loaded Goodson into Locke’s vehicle, and drove him to a secluded section of the former Claymont Steel property, where they abandoned him. The men later returned to the Claymont Steel property after purchasing a can of gasoline.  They moved Goodson’s body to a location further into the property, where Locke shot him four times before the body was set on fire. Goodson’s remains were discovered beneath a tarp covered in a layer of rocks along the Delaware River.  

With this plea, all three defendants have now pleaded guilty. Tyler Simpson and Jeffrey Labarge previously entered guilty pleas to Murder 2^nd Degree, Conspiracy 1^st Degree, and Kidnapping 1^st Degree, and each face a sentencing range of 17 years to life in prison. Locke faces a sentencing range of 20 years to life. 

This plea agreement was secured by Deputy Attorneys General Jamie McCloskey and Isaac Rank with the assistance of Paralegals Jamie Prater, Administrative Assistant Evelyn Davis, and Social Worker Crystal Pitts following an investigation led by the Delaware State Police.