Aqueous Film-Forming Foam, or AFFF, has been a crucial firefighting tool for decades, especially in the military. It contains per- and poly-fluoroalkyl substances (PFAS), known as forever chemicals because they cannot be broken down. These chemicals have been linked to various critical health issues, such as cancer, developmental defects, and immune system suppression. In this post, as part of our business blog section where we explore all sorts of business stories from around the world – we’ll delve into 5 companies facing legal reckoning over AFFF contamination.
The widespread use of AFFF has caused extensive soil and water contamination in many areas in the U.S. and other places around the world. As a result, victims and communities affected by the contamination have dragged the makers of AFFF to court. The lawsuit seeks compensation for damages and remediation of the polluted areas. Below is the list of companies named in the AFFF lawsuit.
DuPont/Chemours
DuPont is a pioneer in the development of PFAS and one of the key defendants in the AFFF lawsuit. The company invented some of the earliest PFAS compounds in AFFF. To shield itself, DuPont spun off the Performance Chemicals division, including the AFFF department, into a new company called Chemours.
However, that didn’t work, and both DuPont and Chemours have been listed in the lawsuit. The lawsuit implies that despite knowing the dangers of PFAS, they failed to take adequate actions. In June 2023, DuPont, Chemours, and Corteva (another spin-off company) agreed to pay around $1.18 billion to settle claims of PFAS contamination in public water systems.
3M
3M is one of the significant manufacturers of AFFF and a key defendant in the lawsuit. Reports have surfaced that the company was aware of the dangers of PFAS as early as the 1950s. But, the company continued to manufacture and market AFFF, leading to widespread contamination. It’s now facing multiple lawsuits from victims who have been exposed to PFAS and suffered health consequences.Â
Several states and public water systems have also sued the company, seeking compensation for cleaning up the contaminated water sources. In response to these litigations, 3M has announced a $10 billion settlement to resolve PFAS claims of public water systems across the U.S. According to TorHoerman Law, individual AFFF lawsuits may settle for $40,000 to $300,000, depending upon the severity of the condition.
Tyco Fire Products
Tyco Fire Products is another crucial manufacturer of AFFF. The company supplied firefighting foam to the U.S. military and other government agencies. In response to the litigation, the company issued a statement that the AFFF was produced according to government requirements.
However, numerous lawsuits have been filed against the company, alleging that it was aware or should have been aware of the dangers of PFAS. While the lawsuits are ongoing, Tyco has agreed to a $750 million settlement to resolve claims related to public water systems contamination. More recently, the company announced its exit from the AFFF market by June 2024.Â
Kidde-Fenwal
Kidde-Fenwal, another prime defendant in the AFFF lawsuit, is an interesting case. The company didn’t manufacture the foam; instead, it was a distributor for National Foam. Because of its involvement primarily in distribution rather than manufacturing, the company is facing a unique challenge.
Kidde-Fenwal has been named in multiple lawsuits alongside the actual manufacturers because the plaintiffs argue that distributors share responsibility for the spread of AFFF and resulting contamination. The company filed for bankruptcy in 2023, citing PFAS lawsuits and mounting financial strain.Â
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Corteva
Corteva was formed in 2019 when it spun off from DowDupont and became a standalone company. The company inherited a fair share of liabilities related to AFFF production from its parent companies. As a result, Corteva became embroiled in multiple AFFF lawsuits alleging its involvement in PFAS contamination.
The company has stated that it is committed to resolving all PFAS-related claims and maintains that it has acted responsibly regarding PFAS contamination. It has also announced the recent $1.18 billion agreement to settle public water systems with DuPont and Chemours.Â
The legal battle surrounding AFFF contamination is far from over. Thousands of lawsuits are already pending, and many more are expected to be filed. As of now, the full extent of corporate liability has yet to be determined in this case. The AFFF lawsuit has exposed the widespread impact of firefighting foam on humans and the environment, raising questions about the long-term consequences of PFAS exposure.
To Conclude…
The results of these lawsuits will significantly impact the chemical industry, potentially redefining how companies handle and disclose risks associated with their products. Most importantly, these lawsuits highlight the importance of holding corporations accountable for their actions. They will also ensure that corporations prioritize public health and the environment over profit.
Arun is an avid blogger and business expert. He’s been in business from the moment he finished school and hasn’t stopped growing ever since.
