Major PFAS class action could lead to multi-billion dollar claim figure

An Altona manufacturing plant, since dismantled, is among the sites of interest in the class action. (ABC News: Danielle Bonica) Hundreds of businesses and organisations are part of a major Victorian Supreme Court class action against chemical manufacturer 3M over PFAS. The ABC understands the total value of the compensation being sought could run into the billions of dollars. The company has vowed to defend itself in the face of the court action. Link copiedShareShare articleA giant PFAS class action has been launched against chemical manufacturer 3M in Victoria's Supreme Court, which the ABC understands includes hundreds of businesses and organisations and could result in compensation claims reaching into billions of dollars. The class action was first filed in the Victorian Supreme Court in late 2024, but documents outlining the case have only recently been released to the ABC. In those documents, lawyers for the plaintiffs say they believe this to be the first Australian class action to be filed against 3M over products containing PFAS. The class action is so large, the ABC understands the total value of the compensation being sought could end up even higher than the $2-billion claim recently made by the federal government, in its separate litigation against 3M over PFAS contamination on Defence Force bases. 3M has said it will defend itself against both the federal government and the class action claims. PFAS chemicals have been widely used around the globe in products such as firefighting foam, cookware, cleaning products, water resistant fabrics, carpets and make-up to help make products become resistant to heat, grease and water. PFAS chemicals are used in a vast number of waterproof, non-stick and stain-resistant products. But concerns about their environmental and potential health impacts have intensified in recent years. The US EPA explains that many of these so-called forever chemicals "break down very slowly and can build up in people, animals and the environment over time". 3M and other manufacturers of PFAS products have been facing waves of PFAS litigation across the globe, with thousands of cases before US courts. Some of those civil cases have been settled for eye-watering sums, including a $US10 billion ($14.29 billion) settlement by 3M to US public water systems in 2023 which 3M said "was not an admission of liability". The issue has become so big a Hollywood film was made about the issue — Dark Waters stars Mark Ruffalo and tells the story of lawyer, Rob Bilott, who pursued legal claims against chemical manufacturer DuPont over PFAS contamination. The Victorian Supreme Court recently released to the ABC several documents filed by Corrs Chambers Westgarth, the law firm representing the plaintiffs, as part of the Victorian PFAS class action. The documents reveal that the group suing 3M includes businesses and organisations which own or have owned Australian sites where 3M PFAS products were used, businesses or organisations which own sites that PFAS has migrated onto, and businesses or organisations affected by PFAS impacting water supplies or wastewater systems. The court documents outline the key allegations against 3M. Documents filed by Corrs Chambers Westgarth, the law firm representing the plaintiffs, list five companies which were part of Qenos Group as the lead plaintiffs. Qenos was a large plastics and chemical manufacturer with plants at Altona in Melbourne and Botany in Sydney until it was placed into administration in 2024. An affidavit from Corrs Chambers Westgarth partner Michael Catchpoole states that PFAS-based firefighting foam was used at the Qenos Altona site from around 1980. PFAS is known for its former use in firefighting foams. (National Park Service: Jim Peaco) Mr Catchpoole said company records show Qenos purchased 3M's Light Water firefighting foam between 1998 and 2014. He said he believed 3M's firefighting foam which contained PFAS was used on the Altona site "during firefighting training, equipment testing and in responding to fire, chemical spill and other incidents". Mr Catchpoole said in December 2016 the EPA served Qenos with a clean up notice relating to actual or likely PFAS contamination at its Altona site. In a statement of claim, the plaintiffs outline the major allegations against 3M in the case. The plaintiffs state that from no later than 1980 3M "knew or ought to have known, that there were potential environmental and human health risks associated with the use of 3M PFAS products". They further allege, from that same date, 3M knew or ought to have known that PFAS accumulates in animals and humans, is highly mobile in soil, persists in the environment for extended periods, persists in the human body and that gives "rise to long-term health risks". The documents also include allegations from the plaintiffs that 3M "have concealed and continue to conceal that 3M PFAS products, including Light Water AFFF, pose a material ri

Major PFAS class action could lead to multi-billion dollar claim figure

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