The Australian government has launched the largest legal action ever brought against an American company, suing 3M for more than $1.5 billion over contamination from firefighting foam containing toxic “forever chemicals.”
The case, filed in the Federal Court of Australia, seeks damages to recover costs relating to per- and poly-fluoroalkyl substances (PFAS) contamination at 28 Defence bases across the country. The claim against the Minnesota-based chemicals maker and its local unit reflects the past and future environmental, economic, and cultural costs of the contamination.
“Make no mistake, this legal action against 3M is significant,” Attorney-General Michelle Rowland told reporters. “The Government is committed to holding 3M to account for the economic and environmental harms associated with PFAS contamination.”
The Allegations
The Australian government used 3M’s firefighting foam at 28 defence bases for years. Now, it alleges the company withheld critical information and made false assurances.
The three core allegations against 3M are:
First, 3M withheld a range of information and misrepresented the effects of its aqueous film-forming foam, including what it knew about the environmental risks. Second, 3M did not fully disclose what it knew about those environmental risks. Third, 3M gave assurances about disposal and environmental safety that were inconsistent with what the company knew at the time.
“This misconduct has contributed to substantial costs for defence and the Australian taxpayer, including over $1 billion to date to investigate, remediate and mitigate PFAS contamination at defence estate sites,” Rowland said.
What Are PFAS?
PFAS, also known as per- and poly-fluoroalkyl substances, are chemicals contained in legacy firefighting foams used for many years, including on Defence sites. They are known for their water-resistant and non-stick properties. They are also known for something else: they do not break down in the environment. They accumulate in soil, water, and the human body. They have been linked to cancer, immune system damage, and other serious health conditions.
The chemicals can be found in firefighting foams, mobile phones, clothing, and non-stick cooking pans. But it is the contamination of Australian defence sites that has now led to a historic lawsuit.
3M’s Response
A spokesperson for 3M told Reuters that the company would “defend ourselves against these claims through the legal process.” The company also pointed out that Australia’s Department of Defence kept using the PFAS-containing firefighting foams for 20 years after 3M stopped selling the product in Australia.
That defense shifts some responsibility back to the Australian government. But the core of the case is whether 3M knew about the dangers of PFAS and failed to warn its customers.
The Stakes
The lawsuit is the biggest-ever case against an American company brought by Australia. The damages sought — more than 2 billion Australian dollars — reflect the enormous cost of cleaning up PFAS contamination. Taxpayers have already carried that burden. The government wants 3M to pay it back.
For 3M, the case is another front in a global legal battle over PFAS. The company has faced thousands of lawsuits in the United States over the same chemicals, settling many for billions of dollars. Australia is now joining the fight.
The Bottom Line
Australia has sued American manufacturing giant 3M for $1.5 billion over PFAS contamination from firefighting foam used at 28 Defence bases across the country. The government alleges 3M withheld information about environmental risks and made false assurances about safety. Attorney-General Michelle Rowland called the legal action “significant.” 3M says it will defend itself and notes that Australia kept using the foam for 20 years after 3M stopped selling it. The case is the largest ever brought by Australia against an American company.
