Key facts
- The Australian government alleges 3M knew its PFAS products could be hazardous to human and animal health and the environment for over 50 years.
- The government is suing 3M and its Australian subsidiary for over $2 billion in damages due to PFAS chemical contamination at 28 defense bases.
- Court documents claim internal company research indicated the products were toxic and could cause birth defects.
- The government argues that 3M's Australian operations should have been aware of the potential environmental and health damage by 1973.
- 3M previously stated it stopped selling the products in question around 20 years ago and will defend itself in legal proceedings.
The Australian federal government has alleged in court documents that the manufacturing company 3M was aware for over five decades that its firefighting products, containing PFAS "forever chemicals," could pose significant risks to human and animal health and the environment. These claims are part of a $2 billion lawsuit filed by the government against 3M and its Australian subsidiary.
Commonwealth lawyers stated in filings that products sold to Australia were known to persist in water, soil, and the human body, potentially contributing to health issues such as reduced kidney and immune function, fertility problems, and lower birth weights. The government contends that 3M's aqueous film-forming foam (AFFF) was known to be environmentally damaging and to cause adverse health effects, with 3M's Australian operations allegedly aware of this by 1973.
The lawsuit, which is the largest legal claim brought by the Australian government to date, focuses on PFAS chemical contamination at 28 defense bases. The government is seeking over $2 billion (US$1.4 billion) in damages. Three key PFAS chemicals were banned in Australia last year due to long-standing concerns.
Court filings reveal that government lawyers reviewed over 1,600 pages of documents, including internal company records from as early as 1981 that warned of product toxicity and noted restrictions on women of childbearing potential working at a plant due to exposure risks that could cause birth defects in rats. Despite company brochures at the time stating the products were "non-toxic," purchasing of 3M AFFF began in 1972, with statements made before December 1973 claiming the products were "non-toxic" and "non-irritating."
Defense began phasing out PFAS chemicals in 2004, and purchases of 3M AFFF ended in 2003. Since approximately 2011, the government has been investigating and monitoring potential PFAS contamination near bases, with chemicals found to be leaching into groundwater and surface water. Hundreds of millions of dollars have already been allocated for settlements, investigations, and research.
3M has stated it did not manufacture PFAS in Australia and stopped selling the products around 20 years ago, vowing to defend itself against the claims. A Federal Court justice described the case as "daunting" and "an understatement."