Connecticut Firefighters' PFAS Lawsuit Against 3M, DuPont and Honeywell Clears Key Hurdle
By Jonathan Stempel
Sept 15 (Reuters) - A federal judge in Connecticut on Tuesday allowed a proposed class action by Connecticut firefighters to move forward against more than 20 defendants, including 3M, DuPont and Honeywell, over allegations that their protective turnout gear exposed them to toxic "forever chemicals" and raised their cancer risk.
Lawyers for 13 firefighter union organizations and 12 individual firefighters say the gear designed to shield them from extreme heat and flames also leached per- and polyfluoroalkyl substances, or PFAS, which can enter the body through skin absorption, ingestion and inhalation. The plaintiffs have described the case as the first proposed class action to focus exclusively on firefighter gear containing PFAS.
U.S. District Judge Alvin Thompson in Hartford found that the unions had organizational standing to seek damages. He also said firefighters may pursue damages and medical monitoring even if they have not shown outward symptoms of cancer or other diseases.
The judge further held that the plaintiffs had adequately alleged that 3M, one of the largest manufacturers of PFAS, owed a duty to warn about the risks and acted negligently.
According to the complaint, PFAS in firefighters' protective gear included 3M's Scotchlite reflective material and DuPont's Kevlar, while Honeywell manufactured turnout gear. Some DuPont liabilities now belong to the spinoffs Chemours and Corteva.
Lawyers for 3M, DuPont, Chemours, Corteva and Honeywell did not immediately respond to requests for comment. Jennifer Sclar, a lawyer for the plaintiffs, said the decision was significant because it recognized that prolonged PFAS exposure from turnout gear was enough to establish legal standing.
PFAS Widely Used
In seeking dismissals, 3M argued there were no plausible claims linking Scotchlite to firefighters' gear. Other defendants said the plaintiffs had not alleged that the gear "failed to serve its function of protecting firefighters from the hazards of fighting fires."
The lawsuit was filed in June 2024. Its survival at this stage does not decide whether the defendants are ultimately liable; it means the claims are sufficient to proceed in court.
PFAS are used in hundreds of consumer and commercial products, including cosmetics, non-stick pans and stain-resistant clothing. They are known as "forever chemicals" because they do not break down easily in the human body or the environment. They have also been linked to higher cholesterol, low birth weight and a reduced antibody response to vaccines.
The ruling adds to a widening wave of PFAS litigation. In 2023, DuPont, 3M and two other companies reached more than $11 billion in settlements over claims that firefighting foam and other products containing their PFAS polluted drinking water. None admitted wrongdoing.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)