It doesn’t seem like a day goes by without a corporation being sued for causing cancer. From weed killers to hair dye to the medications meant to protect us, it feels like consumers are constantly surrounded by products that may cause them harm.
Add another one to the list.
In a move that will likely ignite a new wave of toxic tort litigation, the World Health Organization has officially classified automotive gasoline as a known human carcinogen. According to an evaluation by the International Agency for Research on Cancer (IARC), a branch of WHO, long-term exposure to gasoline is now linked to bladder cancer and acute myeloid leukemia in adults—with emerging evidence suggesting links to childhood leukemia and other cancers as well.
How the WHO reached its decision
The IARC gathered a group of 20 scientists from 16 countries to review decades of research on gasoline exposure. The team analyzed studies involving humans and animals, looking at both cancer outcomes and mechanistic evidence—such as how gasoline affects cells at the molecular level.
The evidence was strong enough to earn automotive gasoline a Group 1 classification, meaning there’s sufficient proof it causes cancer in humans. The working group identified increased risks of:
- Bladder cancer
- Acute myeloid leukemia (AML)
- Possible links to non-Hodgkin lymphoma, childhood leukemia, multiple myeloma, kidney cancer, and stomach cancer
This classification applies to automotive gasoline as a mixture, not just its exhaust. While diesel exhaust was already known to cause lung cancer, gasoline itself had previously been categorized as only possibly carcinogenic (Group 2B) back in 1988. The reclassification was prompted by new studies showing consistent cancer risks in humans, lab animals, and service station attendants exposed to gasoline vapors?.
Want to go straight to the science? You can read the full summary of the IARC Working Group’s findings in The Lancet Oncology here.
How this fuels future lawsuits
In toxic tort cases, plaintiffs generally have to clear two major legal hurdles: first, proving that a substance can cause cancer (general causation), and second, proving that their cancer was caused by exposure to that substance (specific causation). Both are notoriously difficult.
But with gasoline now classified in the highest risk category—Group 1, carcinogenic to humans—that first hurdle just got a lot lower. Courts are far more likely to accept that gasoline is capable of causing cancer, allowing litigation to focus squarely on exposure and individual causation.
Bottom line: Lawsuits claiming that gasoline exposure caused someone’s cancer just became more viable (though still challenging), and we’re likely to see more claims as a result.
So, who’s most likely to file suit?
- Workers routinely exposed to gasoline, such as gas station attendants, auto mechanics, and refinery employees
- Residents living near gasoline spills, leaks, or long-term industrial contamination
- Military families, like those impacted by the Red Hill fuel leak in Hawaii, where jet fuel contaminated the drinking water of nearly 100,000 people
In City of New York v. Exxon Mobil Corp., 04 Civ. 3417 (SDNY), the City of New York sued ExxonMobil over contamination of five drinking water wells in Queens with methyl tert-butyl ether (MTBE), a gasoline additive used to improve combustion efficiency. The city alleged that ExxonMobil knowingly allowed MTBE to enter the groundwater, despite being aware of its mobility in soil and persistence in water supplies.
In 2009, a jury awarded the city $104.7 million in damages. While the court recognized that MTBE had been shown to cause cancer in animals, at the time there was insufficient evidence of harm to humans. Even so, the jury found ExxonMobil liable for negligence, public nuisance, and failure to warn.
What should personal injury victims know about the hurdles?
Even with this new classification, lawsuits claiming that gasoline caused someone’s cancer will still face significant challenges in court.
Plaintiffs must be able to prove three key things:
- Exposure: When, where, and how much? It’s not enough to show general exposure—plaintiffs must demonstrate that their contact with gasoline was frequent, prolonged, or intense enough to be a likely cause of their illness.
- Causation: Was gasoline the most probable cause of the cancer, or was something else—like genetics or another chemical exposure—more likely to blame? Expert medical testimony is most certainly required to make this link.
- Timing: Did the lawsuit fall within the statute of limitations? This is a legal deadline that varies by state, typically ranging from one to three years. Fortunately for most victims, the clock doesn’t start ticking until the plaintiff discovers—or reasonably should have discovered—the connection between their cancer and the exposure (this is referred to as the discovery rule).
Need help understanding your legal options? Reach out to an experienced personal injury attorney today. Most initial consultations are free.
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