States Push Legislation to Ban Toxic PFAS In Firefighter Gear

Massachusetts, California, Ohio and a number of other states are considering, or have passed, new restrictions on the use of PFAS in a variety of industries.

A growing number of states are passing, or considering, legislation that would ban the use of per- and polyfluoroalkyl substances (PFAS) in protective gear used by firefighters, which have been linked to increased risks of cancer and other adverse health problems.

The latest state to entertain measures to keep PFAS out of firefighter turnout gear is Massachusetts, which passed a PFAS ban for firefighter equipment at the end of last month. The legislation must still pass the state’s House of Representatives, but it is expected the governor will then sign it into law.

If passed, the Massachusetts bill would ban the sale of firefighter turnout gear that is intentionally manufactured using PFAS chemicals by January 2027. Turnout gear made with PFAS would be required to carry label warnings by January 2025, explaining the presence of the toxic chemicals to firefighters and others using the equipment.

PFAS Turnout Gear Health Side Effects

Often referred to as “forever chemicals” because of how long they persist in the environment without breaking down, PFAS include a group of over 9,000 man-made substances that have been widely used for decades, to resist grease, oil and water. However, there is now growing evidence that exposure to the chemicals may cause various cancers, liver damage, thyroid disease, decreased fertility, high cholesterol, obesity, hormone suppression, and other injuries.

Most of the attention on the chemicals in recent years has focused on the use in aqueous film-forming foam (AFFF), which is used to fight fuel-based fires and has resulted in toxic exposures for firefighters, as well as widespread water contamination in communities nationwide. However, concerns have also emerged about the cancer risk from PFAS in firefighting turnout gear; which is the protective, layered clothing worn by firefighters to protect them from heat, flames and chemical exposure.

In August 2022, the International Association of Fire Fighters (IAFF) and the Metropolitan Fire Chiefs Association issued a warning to firefighters, calling for them to reduce their PFAS exposure by limiting their use of turnout gear. The groups warned that firefighters will not be able to fully avoid the PFAS cancer risk until the chemicals are removed entirely from protective gear and AFFF foam, but they called for the development and widespread availability of such gear. In the meantime, the group indicated that firefighters should limit the use of turnout gear to only emergency situations where it is required, and then suggested fire fighters remove it as soon as possible.

Studies have linked exposure to the chemicals to an increased risk of various types of cancer, leading to several thousand PFAS exposure injury lawsuits now being pursued against more than a dozen chemical and safety equipment manufacturing companies, both by firefighters directly exposed to the chemicals and individuals who drank contaminated water.

Massachusetts is one of several states that have moved to remove PFAS from firefighter turnout gear, as well as from drinking water supplies. California is also considering a PFAS ban with bill AB 2408, which would require a PFAS ban from firefighter gear as soon as a safe alternative is made available to serve as a water-resistant material. However, the city of San Francisco has already approved an ordinance banning PFAS from firefighter gear earlier this year.

The city of Concord, New Hampshire, agreed in March to buy more than $300,000 worth of PFAS-free firefighter turnout gear for its emergency responders.

According to a report published in The Lancet in February 2024, these are just a few of dozens of states expected to put restrictions in place on the use of PFAS in a variety of industries, including food packaging, firefighting foam and safety equipment.

Already this year, Ohio Governor Mike DeWine has announced a plan to collect and destroy that state’s supply of PFAS-laden firefighting foam as part of an AFFF Takeback Program.

In addition, Iowa lawmakers just this month introduced new state legislation calling for a ban on the purchase of PFAS-containing firefighting foam by the beginning of 2026.

Concerns over the use of PFAS in firefighter turnout gear were bolstered in May 2023, after researchers with the National Institute of Standards and Technology (NIST) found high levels of PFAS in firefighter protective gear, with much of it used in water repellants used to keep moisture and chemicals away from the body.

The researchers noted that they still have to determine how much firefighter PFAS exposure is from other chemicals, like firefighting foam, and how much those exposures actually affect their health. However, they said the findings will help the NIST create a list of recommended fabrics to use for each layer to minimize firefighter turnout gear PFAS exposure.

August 2024 PFAS Exposure Lawsuit Update

Given common questions of fact and law presented in claims fled throughout the federal court system, all PFAS exposure lawsuits are currently centralized before U.S. District Judge Richard M. Gergel in the District of South Carolina, for coordinated discovery, pretrial proceedings and a series of early bellwether trials.

Nearly 10,000 PFAS water contamination and injury claims are currently consolidated in Judge Gergel’s court, where a bellwether process has been established to prepare a small group of lawsuits for a series of early AFFF trial dates expected to begin in 2025, which will be used to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation.

While the outcome of these early bellwether trials will not have any binding impact on other claims, it is expected that the amount of any PFAS lawsuit payout awarded by juries may influence future firefighter cancer settlement negotiations to resolve the litigation.

In June 2023, 3M Company agreed to pay over $12.5 billion in a PFAS water contamination settlement, to resolve claims brought by local water suppliers. However, there have not been any reported settlements in PFAS injury lawsuits, and none of those individual claims have yet gone before a jury.