Australia sues American foam company for £1bn over ‘forever chemicals’ contamination

Australia has filed a major lawsuit against US chemicals giant 3M, seeking more than £1bn in damages for widespread contamination from “forever chemicals” present in its firefighting foam.

The action, launched on Thursday, is the largest-ever brought by the Australian government. It targets the American chemicals maker and its local subsidiary, reflecting the past and future environmental as well as economic and cultural costs of the contamination, the government said.

“Make ⁠no mistake, this legal action against 3M is significant," attorney general ⁠Michelle Rowland told reporters. “The commonwealth is seeking more than A$2bn in damages to recover significant past and future expenses incurred in investigating and managing contamination resulting from the historical storage and use of this foam."

The government, which used the firefighting foam ​at 28 defence ⁠bases across the country, alleged 3M ‌gave assurances that the substance was safe to dispose of, biodegradable and non-toxic. However, 3M withheld its own testing showing "significant adverse environmental effects" associated with the use of the foam, Ms Rowland alleged.

3M said in a ‌statement it would defend itself against the claims in court.

"3M has never manufactured PFAS in Australia and ceased sales of the products at issue in Australia around two decades ago," the statement said. “Despite this, the Department of Defence continued to use PFAS-containing firefighting foams for nearly two decades longer."

PFAS are a group of manufactured chemicals that are widely used in products resistant to heat, stains, grease and water. Known as "forever chemicals", they do not naturally break down in the environment, raising concerns about their accumulation in ecosystems, drinking water and the human body.

Research has linked exposure to PFAS to health issues including liver damage, lower birth weight and testicular cancer. Assistant defence minister Peter Khalil said that his department had spent A$1.3bn (£690m) in dealing with the impacts of the contamination, including paying ‌A$408m (£217m) in legal settlements to affected communities.

The department has also treated or removed more than 200,000 metric tonnes of contaminated soil and treated more than 13 billion litres of water.

"This is the most significant ⁠legal action undertaken by Commonwealth and Defence in living memory," Mr Khalil said.

"To put it plainly, we are taking on 3M on behalf of the Australian people and the Australians that are affected."

3M has ‌faced thousands of lawsuits ​over PFAS contamination. In 2023 it reached a $10.3bn (£7.7bn) settlement with a host of US public ​water systems to resolve water pollution claims.

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