PFAS, often called forever chemicals, are at the center of a large federal lawsuit over firefighting foam. Plaintiffs allege the foam polluted groundwater and drinking water. They say it caused personal injury, including kidney and testicular cancer.
The case is MDL No. 2873 before Judge Gergel in South Carolina. It is in pretrial proceedings. On October 1, 2026, 15,264 actions were pending.
The first personal injury bellwether trial, once set for October 20, 2025, was vacated. The 3M, DuPont, BASF and New Jersey settlements resolve claims by water systems and the state.
Lawsuit at a glance
- Case or litigation name: In re: Aqueous Film-Forming Foams Products Liability Litigation (AFFF MDL)
- Defendants: 3M, DuPont entities, Chemours, Corteva, BASF, Kidde-Fenwal and other foam and PFAS makers
- Court and docket number, when available: U.S. District Court, District of South Carolina, No. 2:18-mn-2873-RMG
- MDL number, judge, and case count, when an MDL exists: MDL No. 2873, Judge Richard M. Gergel, 15,264 actions pending as of October 1, 2026
- Filing date: December 7, 2018 (JPML transfer of the actions to the District of South Carolina)
- Main allegations: Plaintiffs allege that foams used at airports, military bases and industrial sites released PFAS into groundwater and drinking water, causing personal injury, property damage or other losses
- Products or people involved: People, water systems and property owners near places where AFFF was used
Latest PFAS Lawsuit Updates
August 31, 2026: Court Sets Briefing Schedule on Thyroid and Liver Cancer
Judge Gergel issued Case Management Order 33F in the aqueous film-forming foam (AFFF) MDL in the District of South Carolina. It sets the Rule 702 schedule for general-causation experts on thyroid cancer and liver cancer [1].
Motions were due by August 26, 2026. Responses are due by November 20, 2026. Replies are due by January 22, 2027. The Court will advise the parties on any further process or hearing.
August 7, 2026: New Jersey Announces Approval of DuPont and 3M Settlements
The New Jersey Attorney General and state environmental regulators announced judicial approval of two settlements [2]. One is with the DuPont entities and is valued at over $2 billion. The other is with 3M.
Together they are valued at approximately $2.5 billion, paid annually over 25 years. They resolve state claims over four DuPont industrial sites, statewide AFFF litigation and statewide PFAS contamination.
June 24, 2026: Chemours Agrees to Federal and State Settlement
EPA, the Justice Department and the West Virginia Department of Environmental Protection announced a multi-state settlement with The Chemours Company [3]. It includes a $22.5 million civil penalty and a $90 million program to mitigate PFAS discharges.
The combined cost is estimated to exceed $450 million. The complaint alleges discharges into the Ohio River, Cape Fear River and Delaware River. The settlement resolves federal and state enforcement claims.
June 3, 2026: Court Limits Each Plaintiff to One Action
Judge Gergel's Case Management Order 38 (ECF 9598) ordered each personal injury plaintiff in the MDL to keep a single action pending [4]. It told the Portal Administrator to report plaintiffs with two or more filings.
It also set a 30-day meet-and-confer period and a 60-day dismissal timeline. An earlier order, CMO 37 of February 25, 2026, let defendants list plaintiffs missing fact sheet items. Those plaintiffs must cure or face dismissal.
May 18, 2026: EPA Proposes Two PFAS Drinking Water Rules
EPA announced two proposed rules for public comment [5]. One would uphold the limits for PFOA and PFOS in drinking water. It would let water systems request two more years.
The other would rescind the limits for four other PFAS. EPA also announced nearly $1 billion in new funding to states. The comment period closed July 20, 2026.
August 22, 2025: Court Asks Panel to Transfer Turnout Gear Cases
Case Management Order 36 (ECF 7891) addressed injuries allegedly caused by AFFF and by non-AFFF PFAS [6]. It said plaintiffs cannot easily separate the two at the pleading stage.
The order asked the Judicial Panel on Multidistrict Litigation to transfer such cases to Judge Gergel. These include firefighter turnout gear cases.
August 15, 2025: Court Vacates the First Bellwether Trial
Case Management Order 35 (ECF 7823) vacated the October 20, 2025 bellwether trial [7]. The trial involved kidney cancer cases. The Court cited a large number of unfiled and unvetted claims.
The order vacated related dates until such a time as the Court deems appropriate. It also opened a 21-day Filing Facilitation Window and set proof requirements for personal injury cases in the MDL.
May 14, 2025: EPA Says It Will Keep PFOA and PFOS Standards
EPA Administrator Lee Zeldin announced that EPA will keep the PFOA and PFOS standards in drinking water [8]. EPA plans to extend their compliance deadline from 2029 to 2031.
March 26, 2025: Court Names Six Injuries Pursued in the MDL
Judge Gergel's Case Management Order 33 (ECF 6863) named the six injuries the Plaintiffs' Executive Committee pursues in the MDL [9].
They are kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, liver cancer and thyroid cancer. About 200 other injuries that various plaintiffs once raised are not part of that list.
December 12, 2024: Panel Declines to Transfer Firefighter Gear Case
The JPML denied 3M's motion to transfer the Connecticut firefighters' union action into the MDL [10]. The case is a putative class action over PFAS in turnout gear.
The panel noted that the action does not on its face involve AFFF claims. It wrote that the MDL remains an AFFF MDL and is not a PFAS MDL.
December 11, 2024: Texas Attorney General Sues 3M and DuPont
The Texas Attorney General announced a lawsuit against 3M and DuPont [11]. The suit alleges misrepresentations and omissions in advertising the safety of brands including Teflon, Stainmaster and Scotchgard.
The filing alleges the defendants marketed PFAS products for over 70 years. It also alleges they knew of harmful effects for over 50 years. These are allegations and not findings.
October 18, 2024: Carrier Reaches Settlement with Former Unit
Carrier signed a settlement and plan support agreement with its former fire protection unit, Kidde-Fenwal [12]. Kidde-Fenwal had filed for Chapter 11 in May 2023. The agreement also involves its creditors and the MDL plaintiffs' leadership.
Reuters reported a $730 million settlement [13]. It includes $540 million to Kidde-Fenwal and $190 million to PFAS plaintiffs. It covers estate claims and claims by water systems and airports. It was subject to court approval when announced.
May 20, 2024: BASF Agrees to Water System Settlement
BASF agreed to a $316.5 million settlement with a nationwide class of public water systems [14]. The class covers systems that detected PFAS as of May 15, 2024.
The amount is $312.5 million plus $4 million for administration costs. BASF's release, dated May 21, 2024, says the settlement is not an admission of liability.
March 29, 2024: Court Approves 3M Water Supplier Settlement
The U.S. District Court in Charleston, South Carolina gave final approval to 3M's settlement with public water suppliers [15]. It has a pre-tax present value of up to $10.3 billion, payable over 13 years.
The nominal cap is $12.5 billion. The settlement covers water suppliers that detect PFAS at any level or may do so in the future.
June 2, 2023: Chemours, DuPont and Corteva Reach Agreement
Chemours, DuPont and Corteva announced an agreement in principle with a class of public water systems [16]. They agreed to contribute a total of $1.185 billion to a settlement fund.
The shares are about $592 million for Chemours (50 percent), $400 million for DuPont and $193 million for Corteva. The class is public water systems with a current PFAS detection or a duty to monitor.
January 7, 2021: Peshtigo Residents Reach Class Settlement
Wisconsin Public Radio reported a $17.5 million class action settlement for Peshtigo, Wisconsin residents [17]. It was with Tyco Fire Products, Chemguard and ChemDesign over firefighting foam in private wells.
The deal included $2.5 million for disease claims. An attorney estimated it covered about 1,100 people in roughly 270 homes. It was subject to a judge's approval when reported. The companies denied any wrongdoing.
December 7, 2018: Panel Centralizes AFFF Cases in South Carolina
The JPML transferred the actions to the District of South Carolina as MDL No. 2873, the AFFF MDL [18]. The case went to Judge Richard M. Gergel. The first case management order followed on January 2, 2019.
A 2025 JPML order says the actions share factual questions. They concern the use and storage of AFFFs, the toxicity of PFAS and the effects of these substances on human health.
What Is PFAS?
According to ATSDR, per- and polyfluoroalkyl substances are man-made chemicals. They have been used in industry and consumer products worldwide since the 1940s [19]. Most, including PFOA and PFOS, do not break down.
They enter the blood of people and animals. ATSDR lists water-repellent clothing, stain-resistant carpet and fabrics, and some firefighting foams as uses.
Who May Be Affected?
People who lived near places where firefighting foam was used may have been exposed through drinking water. These include airports, military bases and industrial sites. The MDL's proof rules name water from a public system or a private well.
Firefighters, military members and others in jobs that regularly exposed them to the foam may have been exposed directly. In 2021, the MDL scope grew to include firefighters alleging direct exposure. See our firefighter foam lawsuit page.
ATSDR names other exposure routes. They include food grown or raised near PFAS sites, contaminated fish or wild game, and contaminated soil or dust.
A USGS study estimated at least 45% of U.S. tap water has one or more PFAS [20]. In 167 Pennsylvania private wells, Penn State found PFAS in 65% and above EPA limits in 18% [21].
Northeastern University researchers estimated about 2,200 known contaminated sites and close to 80,000 more likely sites [22]. Whether any person has a claim depends on individual facts, and only a legal review can decide.
Reported Injuries or Damages
Plaintiffs in the MDL allege personal injury, a need for medical monitoring, property damage or other economic losses. These are allegations and not court findings.
The ATSDR clinical overview reports evidence of an association between PFAS and several health effects [23]. These include higher cholesterol, small drops in birth weight, kidney and testicular cancer (PFOA) and changes in liver enzymes.
It also lists a weaker response to some vaccines in children and high blood pressure in pregnancy. For thyroid disease, breast cancer and ulcerative colitis, ATSDR found no consistent evidence of an association. Causal relationships have not been established.
The IARC classified PFOA as carcinogenic to humans (Group 1) [24]. It classified PFOS as possibly carcinogenic (Group 2B). IARC notes the classification does not indicate the level of risk.
The Guardian reported on a study of about 200 women by researchers at the Chinese Center for Disease Control and Prevention [25]. Those with at least two miscarriages had higher PFAS blood levels.
Recall and Regulatory Background
EPA's final drinking water regulation of April 10, 2024 set enforceable limits for PFAS in water [26]. The limits are 4.0 parts per trillion (ppt) for PFOA and PFOS. For PFHxS, PFNA and HFPO-DA they are 10 ppt.
Water systems have until 2027 to finish initial monitoring and until 2029 to cut PFAS above the limits. EPA has since proposed changes to some of these limits and dates.
EPA also designated PFOA and PFOS as CERCLA hazardous substances in a final rule published May 8, 2024. It took effect July 8, 2024 [27].
Evidence to Preserve
The MDL court's proof requirements in CMO 35 show the kinds of records worth keeping:
- Medical records showing the diagnosis and the earliest diagnosis date, since the court asks for evidence of diagnosis.
- Addresses lived at with dates, such as leases, deeds, property records and utility bills.
- Water supplier reports and private well test results that show PFAS in the drinking water.
- Service records, employment records or tax forms that show work with regular exposure to firefighting foam.
- Records of firefighter turnout gear use, since those plaintiffs use a separate fact sheet.
- Receipts for bottled water or home filters, and letters about PFAS from water suppliers or employers.
Filing Deadlines
State law sets the time limit for an injury claim. The limit depends on where the person lives or was exposed. The exposure, illness, injury or diagnosis date can matter, and some states start counting at diagnosis.
A claim can end if the time limit passes, even with strong facts. Anyone who thinks they may have a claim should check with a lawyer promptly.
Frequently Asked Questions
Who Can File a PFAS Exposure Lawsuit?
Anyone filing a PFAS exposure lawsuit must meet the rules of the court where the claim is filed. In the MDL, personal injury cases filed or transferred on or after March 1, 2025 need proof of diagnosis, residence and exposure.
Have There Been Any PFAS Settlements?
Yes, PFAS settlements have been reached, including water-system class settlements and settlements with New Jersey. New Jersey's include remediation funding of up to $1.2 billion from the DuPont entities and a $475 million reserve fund. Abatement payments total up to $795 million.
Should I Get a Blood Test for PFAS?
You should talk with a healthcare provider before a blood test for PFAS. ATSDR's Testing for PFAS page says a test will not identify a current or future health problem or give treatment information [28]. Nearly all people in the United States have measurable PFAS in their blood.
What Does the Research Say About PFAS and Health?
The research on PFAS and health shows associations. It does not prove cause. An IARC working group of 30 experts found limited evidence in humans for renal cell carcinoma and testicular cancer from PFOA. The National Academies rated kidney cancer evidence as sufficient evidence of an association in 2022.
How Can I Find Out If My Drinking Water Has PFAS?
You can find out if your drinking water has PFAS by testing. Private-well owners can contact local or state officials, and USGS says testing is the only way to confirm PFAS in wells.
Are There PFAS Lawsuits Outside the United States?
Yes, PFAS lawsuits outside the United States include a class action in Ontario, Canada. North Bay residents allege foam contaminated their wells, the Globe and Mail reported on November 21, 2025 [29]. They seek $100 million for property losses and $5 million in punitive damages, excluding health claims.
References
- https://www.scd.uscourts.gov/mdl-2873/orders/CMO%2033.F%20ECF%2011298.pdf
- https://www.njoag.gov/federal-court-approves-historic-pfas-settlements-valued-at-approximately-2-5-billion/
- https://www.justice.gov/opa/pr/chemours-agrees-450m-landmark-settlement-agreement-releases-pfas-forever-chemicals-west
- https://www.scd.uscourts.gov/mdl-2873/orders/CMO%2038%20ECF%209598.pdf
- https://www.epa.gov/newsreleases/epa-advances-comprehensive-pfas-strategy-legally-defensible-practical-scientifically
- https://www.scd.uscourts.gov/mdl-2873/orders/CMO%2036%20ECF%207891.pdf
- https://www.scd.uscourts.gov/mdl-2873/orders/CMO%2035%20ECF%207823.pdf
- https://www.epa.gov/newsreleases/epa-announces-it-will-keep-maximum-contaminant-levels-pfoa-pfos
- https://www.scd.uscourts.gov/mdl-2873/orders/CMO%2033%20ECF%206863.pdf
- https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Order_Denying_Transfer-12-24.pdf
- https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-manufacturers-toxic-pfas-forever-chemicals-falsely-advertising
- https://www.sec.gov/Archives/edgar/data/1783180/000095014224002601/eh240546642_8k.htm
- https://www.reuters.com/legal/litigation/carrier-reaches-730-mln-settlement-over-fire-protection-unit-pfas-claims-2024-10-21/
- https://www.basf.com/us/en/media/news-releases/2024/05/basf-corporation-enters-class-settlement-with-u-s--public-water-
- https://news.3m.com/2024-04-01-3M-Settlement-with-Public-Water-Suppliers-to-Address-PFAS-in-Drinking-Water-Receives-Final-Court-Approval
- https://www.dupont.com/news/chemours-dupont-and-corteva-reach-comprehensive-pfas-settlement-with-us-water-systems.html
- https://www.wpr.org/environment/peshtigo-residents-reach-17-5m-class-action-settlement-tyco-over-pfas-contamination
- https://www.jpml.uscourts.gov/mdl-2873
- https://www.atsdr.cdc.gov/pfas/about/index.html
- https://www.usgs.gov/news/national-news-release/tap-water-study-detects-pfas-forever-chemicals-across-us
- https://www.psu.edu/news/research/story/forever-chemicals-detected-65-sampled-private-wells-pennsylvania
- https://news.northeastern.edu/2025/09/09/toxic-forever-chemicals-more-widespread-research-reveals/
- https://www.atsdr.cdc.gov/pfas/hcp/clinical-overview/health-effects.html
- https://www.iarc.who.int/news-events/iarc-monographs-evaluate-the-carcinogenicity-of-perfluorooctanoic-acid-pfoa-and-perfluorooctanesulfonic-acid-pfos/
- https://www.theguardian.com/society/2025/aug/24/pfas-exposure-miscarriages
- https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas
- https://www.epa.gov/superfund/designation-pfoa-and-pfos-cercla-hazardous-substances
- https://www.atsdr.cdc.gov/pfas/blood-testing
- https://www.theglobeandmail.com/canada/article-north-bay-class-action-lawsuit-well-water-pfas-forever-chemicals