Aqueous Film-Forming Foam (AFFF) Product Liability Litigation Summary

Author: Matt Francis

The Aqueous Film Forming Foam (AFFF) litigation revolves around the environmental and health impacts of per- and polyfluoroalkyl substances (PFAS), which are man-made chemicals that have been used in a variety of industries around the world since the 1940s. PFAS are synthetic chemicals known for their heat, water, and oil resistance. While this made them invaluable in numerous products, it also caused them to be extremely persistent in the environment, earning them the nickname “forever chemicals.” 

Introduced in the 1970s, AFFF was primarily designed to suppress flammable liquid fires. Its unmatched efficiency came from its unique ability to spread swiftly across a fire, severing its oxygen supply. AFFF, a type of firefighting foam, is one of the primary sources of PFAS contamination in the environment. 

The litigation seeks to address the contamination of drinking water systems by these chemicals, which are persistent in the environment and can accumulate in the human body over time. The potential health impacts of PFAS exposure include:

  • Developmental issues in babies and infants
  • Fertility problems
  • Immune system changes
  • Heightened cholesterol levels
  • Increased chances of some cancers, notably testicular and kidney

The most pressing concern has been PFAS contaminating local water supplies. Residues from AFFF can enter the soil and, over time, make their way into groundwater. This has led to spikes in PFAS levels in drinking water, potentially harming residents.

 

Settlement Information

The website PFAS Water Settlement provides information about settlements entered into in the AFFF Multi-District Litigation (“MDL”), which have received preliminary approval from the United States District Court for the District of South Carolina. According to the website: 

The current settlement agreements are both Class Action settlements designed to resolve claims for PFAS contamination in Public Water Systems’ Drinking Water, as those terms are defined in the respective agreements, which are with two groups of Settling Defendants on behalf of:

  1. The 3M Company (“3M”); and
  2. E.I. Du Pont de Nemours and Company (n/k/a EIDP, Inc.), DuPont de Nemours Inc., The Chemours Company, The Chemours Company FC, LLC, and Corteva, Inc. (collectively, “DuPont”).
Source: www.pfaswatersettlement.com/

 

Important Deadlines

Deadline Description DuPont Deadline Date 3M Deadline Date
Deadline to Submit Objections 11/4/2023 11/11/2023
Deadline to Submit Requests for Exclusion 12/4/2023 12/11/2023
Court’s Final Fairness Hearing 12/14/2023 at 10:00 AM EST 2/2/2024 at 10:00 AM EST
Phase One Public Water System Settlement Claims Form 60 Days After the Effective Date 60 Days After the Effective Date
Phase One Special Needs Claims Form 45 Days After the Phase One Public Water System Claims Form Deadline 45 Days After the Phase One Public Water System Claims Form Deadline
Phase Two Testing Claims Form 1/1/2026 1/1/2026
Phase Two Baseline Testing 45 Days after receiving test results but no later than 7/1/2026 45 Days after receiving test results but no later than 7/1/2026
Phase Two Public Water System Claims Form 6/30/2026 7/31/2026
Phase Two Special Needs Claims Form 8/1/2026 8/1/2026
Phase One Supplemental Fund Claims Form 12/31/2030 12/31/2030
Phase Two Supplemental Fund Claims Form 12/31/2030 12/31/2030

 

Important Links
Facebook Twitter LinkedIn
back to all news