Key Takeaways

1. The AFFF lawsuit is one of the largest ongoing environmental and personal injury litigations in the U.S., with over 9,340 cases consolidated in a Multi-District Litigation (MDL) as of May 2025.
2. Settlement negotiations are active, with recent agreements totaling billions of dollars, but individual payouts will vary based on exposure, health impacts, and other factors.
3. The legal landscape is evolving rapidly, with new cases added regularly and major chemical companies reaching significant settlements, but the litigation remains ongoing and subject to change.

Understanding the AFFF Lawsuit

What is AFFF and Why is it Controversial?

Aqueous Film-Forming Foam (AFFF) is a firefighting agent used primarily to suppress flammable liquid fires. It has been widely used by military, airport, and municipal fire departments since the 1960s. The controversy centers on the presence of per- and polyfluoroalkyl substances (PFAS) in AFFF. PFAS are sometimes called "forever chemicals" because they do not break down easily in the environment or the human body.

Scientific studies have linked PFAS exposure to a range of health problems, including various cancers, immune system effects, and developmental issues. As a result, individuals who have been exposed to AFFF—especially firefighters and military personnel—have filed lawsuits alleging that manufacturers failed to warn about the risks associated with these chemicals.

The Scope of the Litigation

The AFFF lawsuit is among the largest environmental and toxic tort cases in U.S. history. As of May 2025, more than 9,340 individual lawsuits have been consolidated in a Multi-District Litigation (MDL) in the U.S. District Court for the District of South Carolina. The MDL process allows for coordinated pretrial proceedings, which is critical given the complexity and volume of these cases. The MDL is overseen by a single federal judge who manages all pretrial discovery, motions, and settlement discussions for the consolidated cases.

The plaintiffs in these lawsuits are primarily:

• Firefighters (current and former)
• Military service members
• Airport workers
• Individuals living near contaminated sites

They allege that exposure to AFFF has caused serious health problems, including kidney cancer, testicular cancer, thyroid disease, and other illnesses.

For more information on the MDL, see the U.S. District Court for the District of South Carolina.

Recent Developments and Settlement Updates

Growth in the Number of Cases

The number of AFFF lawsuits continues to grow. In February 2025, 338 new cases were filed, bringing the total to 8,430. By May 2025, more than 400 additional plaintiffs joined, increasing the total to 9,342. This steady increase reflects both the widespread use of AFFF and growing awareness of PFAS-related health risks.

Major Settlements and Ongoing Negotiations

Several major chemical manufacturers have reached significant settlements:

• 3M Settlement: In June 2023, 3M agreed to pay $10.3 billion to resolve claims related to PFAS contamination in public water systems. Payments are scheduled over 13 years, beginning in 2024. This settlement is intended to address water contamination but does not resolve personal injury claims. Read more from the EPA.
• Carrier Global Corp: Carrier has agreed to three settlements totaling $615 million to resolve AFFF-related lawsuits.
• BASF Settlement: BASF agreed to pay $316.5 million to resolve lawsuits involving PFAS contamination in water.

Settlement amounts for individual plaintiffs are expected to vary widely. Factors influencing payouts include the severity of health impacts, duration and intensity of exposure, and the strength of the evidence linking illness to AFFF exposure. For Tier 2 cases, settlements are projected to range from $150,000 to $300,000. Some cases may settle for as little as $20,000, while others could exceed $1,000,000.

For more details on settlement amounts, see EPA PFAS Settlements.

Ongoing Litigation and Future Outlook

Despite these settlements, the AFFF litigation is far from over. Many cases remain unresolved, and new lawsuits are being filed regularly. The MDL judge continues to oversee pretrial proceedings, and bellwether trials (test cases) are expected to help shape future settlements and verdicts.

Legal experts predict that a global settlement covering most personal injury claims could be reached in the near future, possibly in 2025. However, the outcome will depend on ongoing negotiations, the results of bellwether trials, and the willingness of manufacturers to resolve claims.

For updates on the MDL, visit the U.S. Judicial Panel on Multidistrict Litigation.

Who is Impacted by the AFFF Lawsuit?

Plaintiffs

The primary plaintiffs are individuals who have been exposed to AFFF during their work or through environmental contamination. This includes:

• Firefighters: Both municipal and volunteer firefighters have used AFFF in training and emergency response.
• Military Personnel: The U.S. military has used AFFF extensively on bases and airfields.
• Airport Workers: Airports are required by federal regulations to use AFFF for fire suppression.
• Residents: People living near military bases, airports, or industrial sites where AFFF was used may have been exposed through contaminated drinking water.

Defendants

The main defendants are chemical manufacturers who produced AFFF and its PFAS components. These include:

• 3M
• DuPont
• Chemours
• BASF
• Carrier Global Corp
• Other chemical and foam manufacturers

These companies are accused of failing to warn users about the health risks of PFAS and, in some cases, of actively concealing information about the dangers.

Legal and Regulatory Context

PFAS Regulation

PFAS chemicals have come under increasing regulatory scrutiny. The U.S. Environmental Protection Agency (EPA) has issued health advisories and is working to set enforceable limits for PFAS in drinking water. In 2023, the EPA announced a proposed National Primary Drinking Water Regulation for six PFAS chemicals, including those found in AFFF. See EPA PFAS Regulation.

State and Federal Actions

Many states have enacted their own regulations to limit PFAS use and require cleanup of contaminated sites. The federal government is also pursuing broader regulation and remediation efforts. These regulatory actions may influence the outcome of the AFFF litigation and future claims.

What to Expect Next

Bellwether Trials

Bellwether trials are scheduled to begin soon. These early cases are selected to represent the broader group of plaintiffs and help both sides gauge the strengths and weaknesses of their arguments. The outcomes of these trials often set the tone for future settlements.

Potential for Global Settlement

Given the scale of the litigation and the financial exposure of the defendants, a global settlement is likely. Legal experts anticipate that such a settlement could be reached in 2025, but the timing and terms remain uncertain.

Ongoing Case Filings

New cases continue to be filed as more individuals become aware of the risks associated with AFFF and PFAS exposure. The MDL is expected to grow, and additional settlements may be announced as negotiations progress.

Resources and Further Reading

• EPA PFAS Information
• U.S. District Court for the District of South Carolina MDL 2873
• U.S. Judicial Panel on Multidistrict Litigation
• EPA News Release on 3M Settlement

Disclaimer

This guide provides a general overview of the AFFF lawsuit as of May 2025. The litigation is ongoing, and information is based on current allegations and public sources. Legal outcomes may change as new evidence emerges and settlements are reached. For specific legal advice or the most up-to-date information, consult a qualified attorney or visit www.counselstack.com.