Lawsuits over firefighting foam allege that PFAS in aqueous film-forming foam (AFFF) caused cancer. They also allege it contaminated drinking water. The foam was used at airports, military bases and fire-training sites.
Federal AFFF cases are centralized in one multidistrict litigation, MDL No. 2873. Judge Richard M. Gergel oversees it in the District of South Carolina. The federal panel that manages multidistrict cases listed 15,244 pending actions on July 1, 2026.
The panel ordered more actions into the MDL on August 11, 2026. 3M Company and the DuPont entities are among the defendants. The 3M and Tyco settlements are with public water suppliers.
Lawsuit at a glance
- Case or litigation name: In re: Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2873)
- Defendants: 3M Company; EIDP, Inc.; DuPont de Nemours, Inc.; The Chemours Company; Corteva, Inc.; others
- Court and docket number, when available: MDL No. 2873, U.S. District Court for the District of South Carolina
- MDL number, judge, and case count, when an MDL exists: MDL No. 2873, District of South Carolina, Judge Richard M. Gergel, 15,244 pending actions (July 1, 2026)
- Filing date: December 7, 2018 (centralized as MDL No. 2873)
- Main allegations: Plaintiffs allege that PFAS in AFFF contaminated drinking water and caused cancer
- Products or people involved: AFFF used at airports, military bases and fire-training sites; firefighters, military and airport personnel, and people whose drinking water was contaminated
Latest Firefighter Foam Lawsuit Updates
August 11, 2026: JPML Transfers More Cases into MDL 2873
The Judicial Panel on Multidistrict Litigation moved more actions into MDL No. 2873 on August 11, 2026 [1]. The cases go to the MDL judge of the District of South Carolina for pretrial proceedings.
The actions include Plainview Water District in the Eastern District of New York. They also include State of Minnesota and Town of Pepperell. EIDP moved to transfer the Plainview action, and the plaintiff did not oppose it.
July 1, 2026: JPML Report Lists 15,244 Pending Actions
The JPML pending-docket report listed MDL No. 2873 with 15,244 pending actions before Judge Richard M. Gergel as of July 1, 2026 [2].
June 26, 2025: Judge Urges Global Settlement of Personal Injury Claims
Judge Richard Gergel urged the parties to seek a global settlement of the personal injury claims, Inside EPA reported [3].
He suggested the next couple of months ahead of a scheduled kidney cancer trial were a key window. He told the parties they would be "extremely prudent to be flexible enough to look for a global settlement."
May 9, 2025: First Bellwether Trial Limited to Kidney Cancer
The court limited the first bellwether personal injury trial to kidney cancer, Bloomberg Environment reported [4]. The trial was set for October 20, 2025, with up to three plaintiffs.
Plaintiffs' attorneys had proposed up to five cases and two diseases, kidney and testicular cancer. Judge Gergel said limiting the first bellwether trial to kidney cancer would assist the jury. Bloomberg counted nearly 10,000 injury cases at that time.
April 29, 2024: Tyco Agrees to $750 Million Water Supplier Deal
Tyco Fire Products agreed to pay $750 million to settle lawsuits from water suppliers across the US, The Water Report said [5]. The agreement was subject to court approval at that date.
March 29, 2024: Court Approves 3M Water Supplier Settlement
The District Court in Charleston, South Carolina gave final approval to 3M's settlement with public water suppliers in the United States [6].
3M announced the approval in an April 1, 2024 press release. The agreement includes a pre-tax present value commitment of up to $10.3 billion, payable over 13 years.
November 30, 2023: IARC Classifies PFOA and PFOS
The International Agency for Research on Cancer (IARC) placed PFOA in Group 1, carcinogenic to humans. PFOS went into Group 2B, possibly carcinogenic to humans. The evaluation appeared online in The Lancet Oncology [7].
IARC says PFOA and, to a much larger extent, PFOS have been widely used in some firefighting foams. These foams are used particularly in airport and military firefighting operations and in training.
December 7, 2018: AFFF Cases Centralized as MDL 2873
The JPML grouped the AFFF lawsuits as MDL No. 2873, the Embryo Project Encyclopedia reports [8]. The MDL was established in South Carolina federal court under Judge Richard M. Gergel.
What Is Aqueous Film-Forming Foam?
According to the Government Accountability Office, aqueous film-forming foam (AFFF) is a product used to fight flammable liquid fires. It contains per- and polyfluoroalkyl substances (PFAS) [9].
GAO reports that, after a 1967 fire on the aircraft carrier USS Forrestal, the Navy issued a military specification for AFFF.
Who May Be Affected?
Situations that matter include training with or using AFFF as a firefighter or other personnel. Examples are airports, military sites and training grounds.
People whose water came from supplies contaminated by PFAS are also relevant. The PFAS came from AFFF use or disposal near airports, military bases or certain industrial locations.
At contaminated sites, IARC says drinking water is the main exposure source for the general population. The latest transfer order refers to MDL plaintiffs who allege they drank water contaminated by PFAS from AFFF use or disposal.
DuPont entities are among the defendants named in the MDL and are the subject of the DuPont AFFF lawsuit. Whether a person qualifies depends on an individual legal review of their own facts.
Reported Injuries or Damages
Plaintiffs in the MDL allege that PFAS exposure from AFFF caused their cancer. These are allegations from complaints and are not findings. PFAS exposure from sources other than firefighting foam is covered in the PFAS exposure lawsuit guide.
IARC's 2023 evaluation of PFOA found limited evidence for cancer in humans, specifically for renal cell carcinoma and testicular cancer.
A National Institutes of Health-led study tested blood from 1,060 Air Force servicemen. It found those with higher PFOS exposure were more likely to have developed testicular cancer, The New Lede reported on August 16, 2023 [10].
PFOA showed no such association. The New Lede cited epidemiologist Kyle Steenland, who wrote that only limited evidence links PFAS to testicular cancer.
Evidence to Preserve
Keep records that show where you were exposed to AFFF, when it happened and how your diagnosis was documented:
- Service, employment and training records showing where and when AFFF was used at a base, airport, fire station or training site.
- Medical records, pathology reports and the date of your diagnosis, kept together in one place.
- Any blood test results for PFAS, kept with the dates the tests were taken.
- Water test results and utility notices for each address where you lived or worked.
- A list of your home and work addresses, with the dates you were at each one.
- Photographs and communications about the foam, kept with the date each was taken or sent.
Filing Deadlines
Filing deadlines come from state law. They vary with where you live and when the exposure, the illness and the diagnosis happened.
Missing a deadline can end a claim even when the facts are strong, so a lawyer should check the dates promptly.
Frequently Asked Questions
How Much Is the Firefighter Foam Lawsuit Settlement Worth?
The two firefighter foam lawsuit settlements are with public water suppliers, 3M's and Tyco's. 3M said in its April 1, 2024 release that payments were scheduled to begin in the third quarter of 2024. The 3M schedule assumed no pending appeals of the final approval order.
What Does the Research Say About PFAS and Cancer?
The research on PFAS and cancer includes the IARC review. For PFOA, it found sufficient evidence in experimental animals and strong mechanistic evidence in exposed humans. For PFOS, it found inadequate evidence regarding cancer in humans. Its classification shows strength of evidence, not level of cancer risk.
Can Firefighters Still Be Exposed to AFFF from Old Stocks?
Firefighters can still be exposed to AFFF from old stocks, IARC says. Use of PFOA and PFOS in these foams has been banned in many countries. Exposure is possible when old stocks of AFFFs are used.
What Did GAO Report About DOD's AFFF Phase-Out?
GAO's July 2024 report on DOD's AFFF phase-out said a law required DOD to stop AFFF use at its installations after October 1, 2024. Waivers were allowed until October 1, 2026. Shipboard use was exempt. GAO put the initial cost of moving to fluorine-free foam at over $2.1 billion.
Why Are AFFF Cases in One Court?
AFFF cases go to one court because the JPML says they share questions about the use and storage of AFFFs. They also share questions about PFAS toxicity, health effects and movement through groundwater. Transfer avoids duplicate discovery and pretrial proceedings.
References
- https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Transfer_Order-7-26.pdf
- https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-July-1-2026.pdf
- https://insideepa.com/pfas-news/mdl-judge-presses-global-settlement-afff-personal-injury-cases
- https://www.sej.org/node/50113
- https://www.thewaterreport.com/tyco-settles-pfas-contamination-lawsuit-with-water-suppliers-for-750-million/
- https://investors.3m.com/news-events/press-releases/detail/1836/3m-settlement-with-public-water-suppliers-to-address-pfas
- https://www.iarc.who.int/news-events/iarc-monographs-evaluate-the-carcinogenicity-of-perfluorooctanoic-acid-pfoa-and-perfluorooctanesulfonic-acid-pfos/
- https://embryo.asu.edu/pages/aqueous-film-forming-foams-products-liability-litigation-mdl-no-2873-2019
- https://www.gao.gov/assets/870/869681.pdf
- https://thenewlede.org/2023/08/pfas-in-firefighting-foam-linked-to-testicular-cancer-in-new-study