3M, DuPont must face Connecticut firefighters' lawsuit over 'forever chemicals'

By Reuters News

By Jonathan Stempel

Sept 15 (Reuters) - A federal judge on Tuesday said more than 20 defendants including 3M MMM.N, DuPont DD.N and Honeywell HON.O must face claims by Connecticut firefighters who said their protective gear was contaminated by toxic "forever chemicals" that increased their risk of cancer.

Lawyers for 13 firefighter union organizations and 12 individual firefighters said "turnout gear" that shields against extreme heat and flames leached the chemicals through absorption into skin, ingestion and inhalation. They have called the proposed class action the first to exclusively target firefighter gear containing per- and polyfluoroalkyl substances, or PFAS.

U.S. District Judge Alvin Thompson in Hartford, Connecticut, said the unions had "organizational" standing to seek damages, and firefighters could seek damages and medical monitoring even if they had no outward symptoms of cancer and other diseases.

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

PFAS in firefighters' protective gear included 3M's Scotchlite reflective material and DuPont's Kevlar, while Honeywell manufactured turnout gear, according to the complaint. Some DuPont liabilities now belong to two spinoffs, Chemours CC.N and Corteva CTVA.N.

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 found that prolonged exposure to PFAS from turnout gear justified legal standing.

PFAS WIDELY USED

In seeking dismissals, 3M said there were no plausible claims tying Scotchlite to firefighters' gear, while 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, 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 environment. PFAS have also been linked to higher cholesterol, low birth weight and reduced antibody response to vaccines.

In 2023, DuPont, 3M and two other companies reached more than $11 billion in settlements to resolve claims that firefighting foam and other products containing their PFAS polluted drinking water. None admitted wrongdoing.

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