State AGs weigh in on refrigerant monopoly suit against Chemours 

The attorneys general of North Carolina, Maryland, and Virginia are weighing in on a federal antitrust lawsuit involving HVAC refrigerants.  

Catch up quick: In December 2024, refrigerant suppliers FluoroFusion Specialty Chemicals and Dynatemp International sued the Chemours Company and Koura, one of its distributors, on 10 counts, including breach of contract and “actual and attempted monopolization.” 

• The lawsuit alleged that in January 2024, FluoroFusion moved to buy R-454B from Koura to sell it under its ‘Arctic Eagle’ brand, but Chemours refused to deliver the product unless it was branded as generic or under Koura’s brand, and unless FluoroFusion signed a non-disparagement clause. 
• The suit also alleged that Chemours possesses a monopoly over U.S. sales of R-454B; falsely claims to have R-454B patents but threatens competitors and customers with potential infringement; and pressures HVAC customers to buy all refrigerants from Chemours if they want access to R-454B.
• Chemours argued that it had a “legally protected right to determine which distributors distribute its products and on what terms.” 

What’s happening: In February 2026, North Carolina judge Terrence Boyle dismissed the case, ultimately determining that FluoroFusion could have bought R-454B from another supplier and that there was “no valid contract” in place. 

• FluoroFusion appealed the decision to the U.S. Court of Appeals for the Fourth Circuit.
• On Thursday, the three attorneys general filed an amicus brief “in support of neither party” but contending that Judge Boyle erred in considering the monopoly claims against Chemours one by one rather than as a whole, as case law requires.

Why it matters: It suggests that regulators are watching how major chemical manufacturers dictate terms to independent refrigerant suppliers.

What they’re saying: “[W]e are confident that the legal issues raised are substantial, and that the appeal presents a strong basis for reversal on many key points,” FluoroFusion COO Brad Kivlan told Homepros via email. 

• “More broadly, we believe the industry benefits from transparency, fairness, and vigorous enforcement of antitrust laws where appropriate, particularly in markets where pricing practices and competitive dynamics have raised significant concerns,” he added. 

Chemours didn’t return a request for comment by press time.