The Australian Commonwealth government has launched a massive legal action against 3M over alleged contamination caused by firefighting foam containing PFAs chemicals. The case, widely referred to as the 3M PFAs Lawsuit, is now the largest legal claim ever brought by the Commonwealth, with the federal government seeking $2 billion in damages.
The lawsuit focuses on the use of aqueous film-forming foam (AFFF), a firefighting foam that contained PFAs substances and was widely used at Defence Force bases across Australia for decades. According to the government, the chemicals contaminated at least 28 Defence sites and surrounding environments.
What are PFAs or What is PFAs Chemical?
PFAs or PFAs Chemical, also known as per- and polyfluoroalkyl substances, are a large group of laboratory-made chemicals often referred to as “forever chemicals” because they persist in the environment for long periods and they are designed to resist heat, water, grease, and stains. These chemicals have been used in products such as non-stick cookware, waterproof materials, cosmetics, and PFAs firefighting foam.
Details of the 3M PFAs Lawsuit
The federal government alleges that 3M withheld environmental testing results showing significant adverse environmental effects linked to its PFAs products. Attorney-General Michelle Rowland said the government is seeking compensation for the substantial costs associated with investigating, managing, and cleaning up PFAs contamination across Defence sites.
According to the Commonwealth, more than $1 billion has already been spent on remediation and mitigation efforts related to PFAs contamination.
Michelle Rowland stated that the government is prepared to challenge one of the world’s largest multinational corporations in court to recover taxpayer costs connected to contamination from legacy firefighting foam use.
3M response to Allegations
In response to the PFAs lawsuit, 3M stated that it would defend itself through the legal process. The company said it never manufactured PFAS in Australia and stopped selling the products in Australia around two decades ago.
3M also claimed that Australia’s Department of Defence continued using PFAs firefighting foam for years after the company had ceased sales of the products.
The company has previously faced multiple lawsuits globally over PFAs contamination. In 2023, 3M settled a US claim worth $10.3 billion involving public water providers in America. The settlement related to testing and treatment costs connected to PFAS contamination, although the company did not admit liability.
PFAs Contamination Across Australia
PFAs contamination has become a major environmental issue in Australia, particularly near Royal Australian Air Force bases where firefighting foam was commonly used. Communities including Williamtown in New South Wales, Katherine in the Northern Territory, and Oakey in Queensland have all been impacted by PFAs contamination linked to Defence activities.
The chemicals can leach into groundwater and water systems, affecting both humans and animals. Research has linked exposure to PFAS chemicals with several health concerns, including high cholesterol, lower birth weights, and increased risks of kidney and testicular cancer.
In 2023, the federal government settled a class action involving PFAS contamination at seven Defence sites. Around 30,000 claimants received a combined payout of $132 million after alleging exposure to chemicals that entered local groundwater systems.
An earlier settlement worth $212 million compensated residents in Katherine, Oakey, and Williamtown for property value losses and emotional distress connected to PFAs contamination.
Phase-Out of PFAs Firefighting Foam
The use of PFAs firefighting foam in Australia has gradually declined since 2003. However, the foam had already been widely used for more than three decades from the 1970s onward.
In May 2000, 3M announced plans to phase out the foam. On the same day, United States authorities reportedly warned the Australian government that the foam’s key chemical ingredients could potentially pose risks to human health.
Government documents later showed that Australia’s Department of Defence did not fully replace the 3M foam until July 2012.
Senate Inquiry into PFAs
A Senate inquiry into the regulation and management of PFAS in Australia released 47 recommendations in late 2024. One key recommendation urged the federal government to pursue legal action against manufacturers such as 3M to fund environmental remediation efforts.
The inquiry was chaired by Senator Lidia Thorpe, who stated that any money recovered through legal proceedings should be directed toward environmental cleanup and community support programs.
Senator Thorpe also expressed concern that the government’s legal action does not currently seek compensation for health impacts associated with PFAS exposure.
Among the recommendations from the inquiry were proposals for subsidised PFAS blood testing, enhanced cancer screenings, and mental health support for highly exposed communities.
