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PFAS litigation raises bankruptcy risks for foam manufacturers

September 17, 2024

Growing liabilities in PFAS lawsuits

As reported by the Foam Exposure Committee, ongoing litigation surrounding per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” is putting companies at risk of bankruptcy.

The lawsuits target manufacturers linked to the production of PFAS, which have been used in firefighting foams and other products.

Major companies, including Kidde-Fenwal Inc., have already filed for Chapter 11 bankruptcy due to over 4,400 lawsuits associated with their PFAS-containing firefighting foams.

The financial burden continues to grow as litigation expands, with further trials expected next year.

Upcoming legal challenges for PFAS manufacturers

According to Bloomberg Law, the next phase of PFAS litigation is scheduled for August 2024 and will focus on manufacturers of shorter-chain PFAS used in firefighting foams, known as telomers.

Public water suppliers remain the primary plaintiffs in these cases.

Some of the companies named in this upcoming litigation include AGC Chemicals Americas Inc., Chemguard Inc., Daikin America Inc., and Tyco Fire Products LP.

These companies are facing increasing pressure as the legal landscape around PFAS continues to evolve, threatening their financial stability.

Fire departments encouraged to move to PFAS-free foams

The Foam Exposure Committee is urging fire departments to transition to PFAS-free firefighting foams, commonly referred to as F3 foams, to protect both firefighters and the environment.

There are no federal regulations requiring the use of PFAS-containing foams, and departments are being encouraged to take proactive steps.

The committee stated: “You will be a part of the solution or the problem. Protect your firefighters and your community by using F3 foams.”

PFAS impact on fire suppression foam industry

The fire suppression foam industry has been significantly impacted by the growing litigation over PFAS.

Companies are not only facing legal liabilities but also heightened public scrutiny and regulatory challenges.

As more trials and settlements are expected, the financial outlook for PFAS producers remains uncertain.

The Foam Exposure Committee highlighted the risks faced by companies like 3M Co., which recently agreed to a multibillion-dollar settlement.

The future of the industry hinges on how manufacturers and users of firefighting foams respond to these growing challenges.

PFAS liabilities threaten corporate bankruptcies in foam industry: Summary

Litigation over per- and polyfluoroalkyl substances (PFAS) is causing financial strain on companies involved in the production of firefighting foams.

Several companies, such as Kidde-Fenwal Inc., have filed for bankruptcy due to lawsuits related to PFAS use.

With trials focusing on telomer manufacturers set for August 2024, companies like AGC Chemicals Americas Inc. and Tyco Fire Products LP face increasing financial risks.

The Foam Exposure Committee is encouraging fire departments to switch to PFAS-free foams to mitigate these risks.

The industry faces uncertain times as litigation, public scrutiny, and regulatory challenges grow.

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