The Australian government has accused 3M of concealing the risks of PFAS
The Australian government has filed a lawsuit in Federal Court against the American chemical company 3M, accusing it of concealing data on the toxicity and environmental persistence of PFAS in firefighting foam used by the Australian Defense Force. The 1,600-page lawsuit concerns contamination at 28 defense bases and surrounding areas.
According to ABC News Australia, the government is seeking $2 billion in damages from 3M. The complaint alleges that as early as 1979, the company knew that: certain perfluoroalkyl and polyfluoroalkyl substances in the foam could persist indefinitely in the environment, accumulate in the bodies of humans and animals, be potentially toxic to animals, and enter drinking water.
The Australian government claims that 3M and 3M Australia continued to manufacture, advertise, distribute, and sell AFFF film-forming foam until at least 2003. According to the plaintiff, the use of these products caused significant contamination of soil and water—including drinking water—and posed risks to human and animal health as well as to the environment.
The government reported that it spent $214 million on research, remediation of contaminated sites, and ongoing monitoring. An additional $367 million, according to the government, went toward settling five class-action lawsuits filed against the state. The claimed compensation amount is also intended to cover future expenses, including potential new claims for damages.
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Government lawyers cited 310 internal 3M documents, including test reports and environmental data, and claimed that the company had falsely assured the safety of its products. The lawsuit cites a 1978 study in which rhesus macaques died within the first few days after exposure to one of the AFFF components, until the concentration was significantly reduced. At lower doses, the plaintiffs claim, the animals showed signs of toxicity, including digestive disorders.
At the first organizational hearing on August 7, Judge Catherine Button described the document as complex to review. A 3M representative stated that this was the most complex case he had ever encountered. The next hearing is scheduled for October 16.
When Attorney General Michelle Rowland announced the lawsuit in May, a 3M representative stated that the company would defend itself in court. 3M also noted that it did not manufacture PFAS in Australia and stopped selling related products in the country about two decades ago. At the same time, the company claims that the Australian Department of Defense continued to use PFAS-containing firefighting foams for nearly two more decades.
