Australia Launches Largest Ever Legal Claim Against 3M Over Toxic Firefighting Foam

The Australian government has filed a AU$2bn (US$1.4bn; £1.1bn) lawsuit against US manufacturing giant 3M over the alleged contamination of defence bases with toxic “forever chemicals.”

The legal action, described as the largest claim ever brought by the Australian government, targets contamination across 28 defence locations involving chemicals known as PFAS.

Attorney-General Michelle Rowland announced the lawsuit on Thursday, saying the government was seeking to recoup the “substantial costs” associated with managing the contamination.

The case alleges that 3M withheld and misrepresented details about its aqueous film-forming foam, including its environmental risks, while assuring the government the product was safe.

The government further alleges that 3M gave assurances about disposal and environmental safety that were inconsistent with what the company knew at the time.

Rowland said the government was committed to holding both 3M and 3M Australia to account “for the economic and environmental harms associated with PFAS contamination.”

“This misconduct has contributed to substantial costs for defence and the Australian taxpayer, including over $1bn to date to investigate, remediate and mitigate PFAS contamination at defence estate sites,” she said.

“Make no mistake, this legal action against 3M is significant,” Rowland added, underlining the scale of the government’s determination to pursue the claim.

PFAS, also known as per- and poly-fluoroalkyl substances, are found in firefighting foams, mobile phones, clothing and non-stick cooking pans, and are valued for their water-resistant and non-stick properties.

The chemicals do not break down under normal environmental conditions, and research has shown the toxins can accumulate in dangerous concentrations in water, soil, food and the human body.

In 2022, 3M announced it would stop making and using PFAS amid growing concerns that the substances were linked to a range of health problems, including cancer.

In response to the lawsuit, 3M said it has never made PFAS in Australia and stopped selling the foam there 20 years ago.

The company also noted that the Department of Defence continued using the PFAS-containing firefighting foams for two decades after 3M ceased selling the product in Australia.

A spokesperson for 3M said the company would “defend ourselves against these claims through the legal process,” signalling a potentially lengthy legal battle ahead.