Judge rules 3M, DuPont must face Connecticut firefighters' PFAS lawsuit

Plaintiffs describe suit as first PFAS turnout-gear case

A federal judge ruled Tuesday that more than 20 defendants, including 3M, DuPont and Honeywell, must face claims by Connecticut firefighters who alleged that “forever chemicals” in their protective gear increased their cancer risk. The plaintiffs’ lawyers called the suit the first to exclusively target per- and polyfluoroalkyl substances, or PFAS, in firefighter turnout gear.

US District Judge Alvin Thompson in Hartford found the 13 firefighter union organizations and 12 individual firefighters who brought the suit had “organizational” standing to seek damages. Thompson ruled the firefighters could pursue damages and medical monitoring even if they had no outward symptoms of disease.

The plaintiffs’ lawyers said the chemicals leached out of “turnout gear” — the protective equipment that shields firefighters against extreme heat and flames — through absorption into skin, ingestion and inhalation. Lawyers for 3M, DuPont, Chemours, Corteva and Honeywell did not immediately respond to requests for comment.

The complaint names the components alleged to contain PFAS: 3M’s Scotchlite reflective material and DuPont’s Kevlar, both used in the suits, while Honeywell manufactured the turnout gear. Some DuPont liabilities now belong to two spinoffs, Chemours and Corteva.

Thompson said the plaintiffs had sufficiently alleged that 3M, one of the largest manufacturers of PFAS, owed a duty to warn about the risks and committed negligence.

Jennifer Sclar, a lawyer for the plaintiffs, said the decision was significant because it found that prolonged exposure to PFAS from turnout gear justified legal standing.

In seeking dismissals, 3M argued there were no plausible claims tying Scotchlite to firefighters’ gear. Other defendants said there was no allegation that the gear “failed to serve its function of protecting firefighters from the hazards of fighting fires.” The lawsuit began in June 2024.

PFAS are found in hundreds of consumer and commercial products including cosmetics, nonstick pans and stain-resistant clothing. They are known as “forever chemicals” because they do not break down easily in the human body or environment and have been linked to various health issues.

The Connecticut case is part of wider PFAS litigation. In 2023, DuPont, 3M and two other companies reached more than $11bn in settlements to resolve claims that firefighting foam and other products containing their PFAS polluted drinking water. None admitted wrongdoing in those settlements.