Aqueous film forming foam (AFFF) is a synthetic, water-based surfactant designed as a Class B foam(designed for primarily gasoline fires). The foam smothers the fire and deprives it of oxygen, which prevents it from burning.
Because it was incredibly effective at fighting these types of fires, AFFF was used by fire departments across the country as well as by the military and airport fire prevention units. It was even mandated by the FAA until 2018 for use at airports.
Discovery of Link to Cancer
Even though the FAA was still mandating AFFF until 2018, government agencies may have been aware of the potential risk of cancer caused by ingredients in the foam.
The U.S. Navy completed a study that determined that AFFF had adverse environment effects and kills aquatic life in the 1980s. In 1999, the EPA determined that PFOS contamination had polluted drinking water and spread to blood banks around the country. And 3M (a primary manufacturer of AFFF products) voluntarily ceased production of products with PFOS in 2002.
Just a short time after, in 2005, the EPA determined that certain chemicals used in AFFF were likely carcinogenic. The next year, it asked all chemical manufacturers to stop including these chemicals in firefighting foam.
In 2012, a major medical study found a probable link between these chemicals and at least six types of cancer. Despite this study and several others since then, many firefighting companies and military bases continue to use these products to fight Class B fires.
AFFF Firefighting Foam Lawsuits
Although AFFF has been manufactured and used since the 1960s, lawsuits against the manufacturers only started recently. This trend coincides with a few recent developments.
First, even though there have been suspicions about the link between these chemicals and cancer for decades, the EPA did not release a public statement until 2009. This means that the average person wasn’t aware of the threat. Most people who developed cancer didn’t know that the AFFF they had been exposed to might have been responsible for it.
Second, it has only recently been revealed that manufacturers like 3M and DuPont have been aware of the potential toxicity of their products since the 1960s. This revelation allows plaintiffs in personal injury lawsuits to prove negligence and liability.
Once the first case was filed, more plaintiffs began to emerge. By November 2022, there were over 3,000 pending cases. These lawsuits are directed at the manufacturers rather than the fire stations or military bases that used the product.
