Massachusetts Legislators Ask Attorney General Campbell to Join Litigation Against Manufacturers of Toxic Firefighting Gear

(BOSTON 12/19/2023) — Yesterday, a bipartisan group of 24 Senators, reflecting a majority of the Senate, and 73 Representatives sent a letter to Massachusetts Attorney General Andrea Campbell requesting that the Commonwealth join ongoing litigation against manufacturers of firefighter turnout gear manufacturers. The lawsuit, led by ten Worcester firefighters, claims that firefighting turnout gear manufacturers sell their PFAS-treated products to governments and those protecting our communities from fires despite knowing the extreme health dangers of PFAS exposure.

Led by Senator Michael Moore and Representative James Hawkins, the letter identifies the Commonwealth’s precedent in pursuing legal action against manufacturers who contaminate our communities with PFAS. In 2022, Attorney General Maura Healey’s office sued PFAS manufacturers for violating Massachusetts law protecting drinking water and other consumer protection statutes by selling PFAS-containing firefighting foam to cities and towns across the Commonwealth. The letter then asks AG Campbell to join the Worcester firefighters’ lawsuit seeking accountability for PFAS contamination through ubiquitous use in firefighting gear. It also asks the AG’s office to open an investigation into whether the sales of this turnout gear violates the Commonwealth’s laws against unfair and deceptive trade practices.

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items fireproof, waterproof, or non-stick. These chemicals have become ubiquitous in products ranging from cookware to furniture to children’s toys – and critically, as a lining in firefighting gear – despite posing dangerous health risks. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably say smoke inhalation or on-call injury. The shocking truth is that, from 2002 to 2019, cancer accounted for 66% of firefighter deaths, according to the International Association of Firefighters,” said Senator Michael Moore (D-Millbury). “PFAS exposure from firefighting equipment is a crisis for firefighters and the communities they serve. It is unacceptable that our firefighters must every day step into gear that is slowly poisoning them with few alternatives. It is time for the Commonwealth to step in to join the fight against the manufacturers who are knowingly using toxic chemicals in this equipment — I hope this letter will move the needle and help demand accountability for our brave firefighters.”

“Firefighters are routinely exposed to toxic cancer chemicals so it is not acceptable when PFAS is in brand new turnout gear,” said Representative Jim Hawkins (D- Attleboro).

“PFAS, ‘Forever chemicals’, all too common in our vocabulary of concerns, persist in the environment and can be found in various places and products used in our daily lives. Firefighters, particularly, are exposed to high levels of PFAS due to the composition of products and chemicals that make up their gear,” said Representative Carol Doherty (D-Taunton). “We must understand how these chemicals enter firefighters' bodies and work to minimize their exposure. We must address the critical issue of the presence of PFAS chemicals in firefighter turnout gear and offer a proactive solution that promises to help safeguard our firefighters. Research conducted by the National Institute of Standards and Technology has confirmed the presence of PFAS in different layers of turnout gear, highlighting the urgency of this matter. We must take a proactive stance in safeguarding the health and safety of firefighters by investing in the research and development of gear that meets the highest safety standards and reduces the risks associated with PFAS exposure.”

This effort from Senator Moore and Representative Hawkins is the latest in a larger push to protect Massachusetts firefighters from dangerous PFAS exposure. The two legislators previously teamed up to introduce S.1556/H.2339 - An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment, which require all protective firefighting equipment sold in the Commonwealth come with a notice if it contains PFAS chemicals and for what reasons by 2025, and would completely ban the chemicals in firefighting gear by 2027. Senator Moore also worked with Representative Carol Doherty to introduce S.1559/H.2317 - An Act relative to the establishment of the PFAS Research and Development Public Safety Fund, which would create a reserve of government dollars to fund the research, development, and purchase of PFAS-free protective firefighter equipment. Both bills have been assigned to the Joint Committee on Public Safety and Homeland Security – the former was heard on June 7th, 2023, and the latter is awaiting a hearing.

The full letter can be found online here.