AFFF – The Toxic Fire Suppressant Relied on by Firefighters in California and Across the Country

Aqueous film-forming foam (AFFF) is a fire suppressant commonly referred to as “firefighter foam” used to extinguish fires when water cannot be used. While AFFF has proven to be useful, it does not come without risk. Perfluoroalkyl and Polyfluoroalkyl (PFAS), necessary chemicals to AFFF, are now understood to be a toxic and carcinogenic and can lead to serious health risks for those exposed to it. These health risks include kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, along with other types of cancer.

Use of AFFF has led to over 3,300 lawsuits in California alone, which includes lawsuits related to the class action multidistrict lawsuit (MDL) in the United States District Court in the District of South Carolina (discussed briefly below).

AFFF lawsuits allege that manufactures were negligent and irresponsible when manufacturing AFFF because they were aware of the effects of PFAS but continued to use the toxic chemical. These manufacturers include DuPont, 3M, Chemours, Tyco Fire Products, and Corteva Inc.

Looking at the California lawsuits specifically, DuPont and 3M are the most frequently named defendants. These lawsuits claim that 3M was aware of the dangerous side effects of PFAS in the 1990s but continued to use it without informing the public of the cancer related risks or taking appropriate safety precautions.

While there are still countless outstanding cases, California plaintiffs have received compensation from early settlements. Settlement amounts have varied depending on a plaintiff’s specific circumstances, ranging from $40,000 up to $300,000. The largest settlement in California involved DuPont, Chemours, and Corteva, where the defendants agreed to a settlement of $1.185 billion.

In response to these lawsuits, California Governor Gavin Newsom signed SB1044 into law which banned the manufacture, sale, and use of firefighting foam that contained PFAS. Most of the bans became effective in January 2022, with two exceptions. Foam containing PFAS was not banned from “fixed foam fire suppression systems” designed for complete containment of expected discharge until January of this year. Foam containing PFAS used on oil refineries with large tanks of flammable liquids is not banned until January 2028.

Looking briefly at the class action MDL case, in January of this year almost 300 new cases were added, bringing the total number of cases in the MDL to just under 7,000. The next court date is a Case Management Conference on March 1, 2024. While there is no trial date set, plaintiffs’ lawyers are optimistic about the possibility of a settlement this year.[1]