Keene, Londonderry file suit over PFAS in firefighter gear

The allegations remain unproven, and the defendants will have the chance to answer in court.

Keene and Londonderry have gone to federal court in New Hampshire, accusing several major manufacturers of selling firefighter turnout gear that contained PFAS and was promoted without enough warning about possible health concerns.

The case was filed September 21 in U.S. District Court and names 3M Company, The Chemours Company FC, Corteva, DuPont de Nemours, EIDP, Fire-Dex, Lakeland Industries, Morning Pride Manufacturing and W.L. Gore & Associates. The two municipalities are asking to be reimbursed for the cost of replacing equipment they say must now be swapped out for PFAS-free gear.

According to the complaint, the defendants either made PFAS, produced PFAS-based materials used in turnout gear, or manufactured the gear itself. Keene and Londonderry contend the companies had long known about the risks tied to PFAS exposure but continued to market the products as suitable and safe for firefighters. Those assertions are part of the lawsuit and have not been proven.

The filing says PFAS can be released from turnout gear through ordinary use, including abrasion, laundering and handling, and can then move into the inner layers that repeatedly contact firefighters’ skin. The suit seeks to recoup public spending tied to replacing those items.

The municipalities also want the case to cover other New Hampshire public entities that purchased similar gear. The complaint says a set of turnout pants and jackets costs about four-thousand dollars and that most departments issue two sets to each firefighter. It estimates roughly 5,900 firefighters statewide, making replacement a major financial burden.

Keene’s fire department has about 58 firefighters and answers more than 6,000 calls a year, while also helping neighboring communities. Londonderry has about 48 full-time firefighters and responds to around 4,700 incidents annually, according to the complaint.

The lawsuit raises claims under the federal Racketeer Influenced and Corrupt Organizations Act and New Hampshire law, including consumer protection, negligence, warranty and unjust enrichment. Keene and Londonderry are seeking money for replacement costs and other relief the court may allow, but they are not pursuing damages for personal injury or property damage.

The case is still pending, and the towns have asked for a jury trial. The allegations remain unproven, and the defendants will have the chance to answer in court.