Butte, Montana Files Class-Action Lawsuit Fighting PFAS in Firefighter Turnout Gear to Aid Those Facing Costly Replacements

BUTTE, Mont. – Attorneys at law firms Hagens Berman, Heenan & Cook and Bliven Law Firm representing the city and county of Butte-Silver Bow, Montana in a class-action lawsuit to combat the real-life impacts of toxic “forever chemicals” found in firefighter turnout gear sold by DuPont/Chemours, 3M and other major corporations, leading to costly premature replacements due to the rampant health risks of perfluoroalkyl and polyfluoroalkyl substances (PFAS).

The lawsuit was filed April 3, 2025, in the U.S. District Court for the District of Montana and states that more than one million firefighters face heightened risks due to contact with PFAS in the line of duty: up to 70 percent of firefighters are predicted to die eventually from cancer, significantly higher than the general population, according to the lawsuit. According to the class action, the manufacturers of firefighter turnout gear colluded in attempting to conceal the risks of PFAS in turnout gear, all the while failing to provide PFAS-free options, despite at all relevant times being technologically and economically feasible.

To avoid PFAS exposure, fire departments, volunteer organizations and other firefighter response teams are faced with significant costs of premature replacement of affected turnout gear for their crews at the cost of at least $3,000 per firefighter, with many departments providing two suits for each firefighter, which consists of helmet, hood, jacket, pants, suspenders, boots, gloves and when needed, respirators. Attorneys estimate that with approximately 1,042,000 U.S. firefighters, replacement costs run into the billions.

Affected turnout gear is allegedly manufactured and sold by 3M and DuPont/Chemours, Corteva, Globe Manufacturing Company, W.L. Gore & Associates Inc. and Lion Group, the nation’s leading suppliers of fire-resistant gear.

If you are a leader at the level of state, county, city or fire department, find out how you can get involved for the firefighters affected in your area and across the country.

“Firefighter turnout gear is not only expensive but also necessary to support first responders saving lives and staying safe while doing so,” said Steve Berman, managing partner at Hagens Berman. “We believe fire departments across the nation have shouldered the financial responsibility of replacing turnout gear upon learning of the risks of PFAS, and we believe they deserve help.”

PFAS Meets RICO

The class action brings claims against defendants that include violations of the Racketeer Influenced and Corrupt Organizations Act, alleging defendants acted together to conceal the harms of PFAS in their products for decades.

“Defendants never disclosed to fire departments and public entities using turnout gear that PFAS in turnout gear is extremely dangerous to health, property, and the environment,” the lawsuit states. “Instead, those entities collaborated to conceal the truth and such concealment was a common purpose of the PFAS Concealment Enterprise.” The lawsuit cites a 1997 3M Material Safety Data Sheet that 3M had sent to Old DuPont, stating “CANCER: WARNING: Contains a chemical which can cause cancer. (3825-24-1) (1983 and 1993 studies conducted jointly by 3M and Dupont).”

The chemical referred to was PFOA, “a particularly harmful PFAS and which 3M and DuPont knew—based on their own joint studies as show in detail in this Complaint—could cause cancer,” the lawsuit states. 3M and DuPont suppressed this information, according to the class action, as rates of occupational cancer in firefighting continued to soar. The lawsuit alleges that since, defendants have worked together to form an enterprise to conceal the dangers of PFAS, therefore shielding them from what would be billions of dollars in liabilities.

Additional claims among the suit’s 89 total include negligence, conspiracy, failure to warn, design defect, warranty claims, deceptive and unfair trade practices and violations of state laws pertaining to product liability and consumer protection. The lawsuit alleges defendants failed to provide safety warnings on product labels and failed to offer PFAS-free options, despite the ability to do so.

“As cited in our complaint, a group of students at UC Berkley’s Center for Green Chemistry concluded there is a PFAS-free alternative to what defendants have been peddling for decades,” Berman said. “The conglomerates making turnout gear had absolutely no excuses, and chose to protect their bottom line over our nation’s first responders.”

The Risks of PFAS

According to attorneys, turnout gear manufacturers may have put firefighters and fire department employees at risk of cancer, due to the presence of PFAS in their products, and allegedly concealed this fact from the public.

Research shows elevated blood levels of PFAS have been found in firefighters, with dermal absorption through direct contact between the firefighters’ skin and turnout gear as “a key exposure route,” according to the lawsuit. Peer-reviewed scientific research studies show that all three layers of the turnout gear contain PFAS, according to the lawsuit.

“Firefighters dedicate their lives to protecting those in their communities,” Berman said. “Our nation’s heroes deserve better.”

What Fire Departments & Municipalities Need to Know

Attorneys say that fire departments and municipalities that have paid for turnout gear replacements should not be made to pay when manufacturers knew the risks and may have rights to compensation. The lawsuit also cites that 3M and DuPont have been forced to pay for some environmental harms caused by their PFAS products, including public water systems, water sources and polluted drinking water, yet have not been made to pay a dime for affected turnout gear.

Find out more about the investigation supporting firefighters against the costs of PFAS in turnout gear and learn about how you can help.

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About Hagens Berman
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

About Heenan & Cook
Heenan & Cook, PLLC, is a long-standing Billings-area law firm with attorneys who have handled complex personal injury and general litigation matters for decades. In that time, our attorneys and staff have developed a reputation for excellence in both settlement negotiations and in litigation — both of which demand an acute understanding of our clients and their personal experiences. Fine more about the firm at lawmontana.com.

About Bliven Law Firm
Bliven Law Firm, P.C. is a long standing Kalispell-area law firm, handling class actions, complex personal injury and mass tort cases. From the start, Michael and his team will work with class representatives, and injured clients to help them obtain the maximum compensation for their losses or injuries. To date, the firm has recovered millions in settlements, awards, and judgments for injured accident victims and is currently pursuing two class actions with Hagens Berman and Heenan & Cook. Visit the Bliven Law Firm, P.C. website to learn more about Michael A. Bliven and his team of outstanding personal injury, mass tort and class action attorneys at blivenlawfirm.com.

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