KEENE, N.H. (MyKeeneNow) – The City of Keene and Town of Londonderry have filed a class action lawsuit against 3M, several DuPont-related entities and other companies over PFAS-containing firefighter turnout gear.

The lawsuit was filed September 21 in U.S. District Court in New Hampshire and seeks to recover the costs of replacing gear containing PFAS, a group of chemicals often referred to as “forever chemicals.” The defendants named in the case include 3M Company, The Chemours Company FC, Corteva, DuPont de Nemours, EIDP, Fire-Dex, Lakeland Industries, Morning Pride Manufacturing and W.L. Gore & Associates.

According to the complaint, the companies manufactured PFAS, PFAS-containing products used in turnout gear, or the turnout gear itself. Keene and Londonderry allege the defendants knew for years about the potential risks associated with PFAS in the gear but failed to adequately warn customers and continued to market the products as safe and appropriate for firefighters. Those claims are allegations in the lawsuit and have not been proven in court.

The complaint alleges PFAS can be released from turnout gear through normal use, including wear, abrasion, laundering and handling, and can migrate to inner layers of the gear that come into close and repeated contact with firefighters’ skin. The municipalities are seeking to recover the public costs associated with replacing PFAS-containing equipment with PFAS-free gear.

The lawsuit seeks to represent other New Hampshire entities that purchased PFAS-containing turnout gear. According to the complaint, a set of turnout jackets and pants costs approximately four-thousand dollars, and most fire departments provide each firefighter with two sets. The complaint estimates there are about 5,900 firefighters in New Hampshire and says replacing the gear statewide would represent a significant public expense.

Keene’s Fire Department has about 58 firefighters, according to the complaint, and the city has purchased and maintained turnout gear for its firefighters over the years. The department responds to more than 6,000 calls annually and provides mutual aid to surrounding communities.

Londonderry has about 48 full-time firefighters and responds to approximately 4,700 calls each year, according to the complaint. Both municipalities say they want to replace PFAS-containing gear with PFAS-free equipment.

The lawsuit includes claims under the federal Racketeer Influenced and Corrupt Organizations Act, as well as several New Hampshire laws involving consumer protection, negligence, breach of warranty and unjust enrichment. Keene and Londonderry are seeking compensation for costs associated with replacing the gear, along with other relief allowed by the court. The complaint also states that the municipalities are not seeking damages for personal injuries or property damage in this case.

The case is pending in federal court, and the municipalities have requested a jury trial. The claims in the lawsuit are allegations at this stage, and the defendants will have an opportunity to respond.