Aqueous film-forming foam, or AFFF, is a chemical foam that fire departments and other organizations worldwide use to fight fires involving flammable liquids. AFFF contains per- and polyfluoroalkyl substances, or PFAS, as such chemicals serve as the backbone structure of the foam. PFAS pose health risks, mainly because they can accumulate in the body over time and can cause numerous health issues, such as hormonal dysfunctions. In the 1960s, the United States Naval Research Laboratory, in collaboration with a private chemical company, developed AFFF to enhance capabilities to fight fires involving jet fuel aboard naval ships. The effectiveness of the foam is mainly due to the structure of PFAS, which allows AFFF to spread quickly over burning fuel, suppressing vapors and cutting off the oxygen necessary for the fire. Since its development in the 1960s, many versions of AFFF have been marketed for firefighting purposes. Despite its effectiveness in suppressing flammable-liquid fires, AFFF poses risks for many groups, including firefighters, pregnant women, and their fetuses.
On 7 December 2018, the United States Judicial Panel on Multidistrict Litigation, or JPML, consolidated ninety lawsuits into the Aqueous Film-Forming Foams Products Liability Litigation, commonly called MDL No. 2873. Aqueous film-forming foams are substances that can smother fires, and they often contain toxic chemicals called per- and polyfluoroalkyl substances, or PFAS. MDL No. 2873, which originated in the District Court of South Carolina, addresses health and environmental concerns related to AFFF. Plaintiffs across the US claim that exposure to PFAS in AFFF causes various health issues, including cancer and birth defects. The litigation targets major manufacturers, including 3M, DuPont, and Chemours, who allegedly continued producing PFAS products despite known risks to human health. MDL No. 2873 consolidates nationwide PFAS claims and establishes a means to hold AFFF manufacturers responsible for environmental contamination with PFAS.
On 30 August 2001, approximately 80,000 people living in West Virginia and Ohio states filed a class-action lawsuit, alleging that DuPont’s Washington Works Plant in Washington, West Virginia, had contaminated the local water supplies with perfluorooctanoic acid, or PFOA, in Jack W. Leach, et al. v. E.I. du Pont de Nemours & Company (2005), hereafter Leach v. du Pont. PFOA is a human-made chemical, part of the PFAS family, more commonly called forever chemicals. PFOA plays a fundamental role in the production of materials like Teflon and nonstick and stain-resistant consumer products. The plaintiffs of the case alleged that DuPont failed to contain or warn the residents about the dangers of PFOA, which can include hormone disruptions, cancers, and pregnancy complications. The case led to a settlement in 2005 in which DuPont agreed to pay 70 million US dollars in class benefits, and also prompted changes in policy designed to protect individuals and communities from the dangers of PFOA and other forever chemicals.