PFAS Risks From Firefighting Foam Were Known by 3M for Decades: Guardian Report

Amid continuing concerns about the impact of widespread water contamination from per- and polyfluoroalkyl substances (PFAS) used in firefighting foam and other consumer products in recent decades, a new investigative report reveals that 3M Company has known about the environmental and health risks posed by the chemicals since the late 1940s, but kept that information from the public and federal regulators.

PFAS were first discovered in the late 1930s, and are still widely used to resist grease, oil and water. Most notably, high volumes of the chemicals are contained in aqueous film-forming foam (AFFF), which firefighters have released into the environment while combating fuel-based fires, resulting in water contamination problems in a number of communities.

In a report published by The Guardian on January 15, in cooperation with the environmental activist group Watershed Investigations, the contents of previously unseen corporate documents have been revealed, which show 3M knew that PFAS were not biodegradable for decades before admitting the problem with their product.

PFAS Health Concerns

The lack of biodegradability causes PFAS to build up and accumulate in the human body, animals and the environment, which is why they are now often referred to as “forever chemicals.”

After PFAS have accumulated in the nation’s water supply and the bodies of millions of people, there is now increasing evidence that directly links the chemicals to a number of serious health concerns, including cancer risks, ulcerative colitis and other serious diseases.

As more information has emerged about the PFAS risks, thousands of water contamination lawsuits have been filed against 3M Company, DuPont, Chemguard Inc., Tyco Fire Products and other companies, including personal injury claims brought by individuals diagnosed with cancer after drinking contaminated water, as well as firefighter cancer lawsuits brought by individuals directly exposed during training and response exercises.

The Guardian and Watershed Investigations report indicates that 3M had evidence that PFAS were not biodegradable as early as 1949, but claimed until at least the 1990s that PFAS would break down due to natural processes. In 1979, 30 years after it had information to the contrary, 3M was still calling its AFFF products “environmentally neutral.”

The uncovered documents repeatedly show that 3M, despite knowing PFAS were not completely biodegradable, encouraged the chemicals to be discharged into sewers, which has been blamed for causing the PFAS water contamination problems that plague the U.S.

Critics have called that move a disaster, since the chemicals ended up being discharged from wastewater facilities, or added to sludge that was then spread on farm land, creating more vectors for the chemicals to infiltrate the nation’s water supply, the report indicates.

The investigation uncovered reports from 1964, 1983 and more, which show 3M knew about the problem. However, much of that evidence did not come to light until 2018, when a PFAS lawsuit filed against 3M by the state of Minnesota ended in an $890 million settlement, and the documents were uncovered.

Not only does the report indicate 3M knew the chemicals would not break down in nature, but that the manufacturer also knew the chemicals were toxic. Such admissions were found in company meeting minutes dating back to 1978, according to the report.

PFAS Lawsuits

Last year, a federal judge granted final approval for a PFAS settlement agreement of up to $12.5 billion between 3M and a number of water providers nationwide, who sued the company to recover the cost of cleaning the toxic chemicals from public water systems.

However, there are still thousands of PFAS injury and exposure lawsuits filed against chemical manufacturers in the federal court system, which have been consolidated under U.S. District Judge Richard M. Gergel in South Carolina, to reduce duplicative discovery and avoid conflicting pretrial rulings.

As part of the coordinated management of the litigation, a small group of early PFAS contamination lawsuits are being prepared for trial dates starting later this year, involving claims that individuals developed testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis, after drinking water known to be contaminated with high levels of the chemicals.

While the outcome of these early trial dates will not have any binding impact on other claims being pursued throughout the federal court system, they are designed to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.