On May 29, 2024, firefighters from El Dorado County and across California gathered outside the State Capitol in Sacramento to rally in support of AB 2408, a groundbreaking bill aimed at banning the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in firefighting gear. This legislation marks a critical step in the ongoing battle against toxic chemicals linked to serious health issues, including cancer. For plaintiffs and their families who may be affected by PFAS exposure, understanding the implications of this bill and the dangers of PFAS is essential.
What Are PFAS?
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, are chemical compounds that have been used in various consumer products since the 1950s. Known for their resistance to heat, water, and oil, PFAS have been widely used in nonstick cookware, and stain-resistant fabrics, firefighting foams and protective gear due to their effectiveness in extinguishing Class B fires.
While PFAS were initially celebrated for their versatility, mounting evidence has revealed significant risks to human health. According to the Centers for Disease Control and Prevention (CDC), PFAS have been detected in the blood of 97% of Americans. Once inside the body, PFAS do not biodegrade; instead, they bind to proteins and accumulate in the tissues of both humans and animals. These chemicals can remain in the body for extended periods, increasing the risk of various health issues. Exposure to PFAS has been linked to elevated cholesterol levels, changes in liver enzymes, decreased birth weights, reduced vaccine efficacy, and cancers such as kidney and testicular cancer. Their persistence in the body and the environment has made them notorious “forever chemicals.”
The Danger of PFAS in Firefighting Gear
Firefighters face a particularly high risk of PFAS exposure due to their occupational contact with these chemicals in both protective gear and firefighting foams. Textiles used to manufacture the protective coats and pants worn by firefighters often contain measurable amounts of PFAS. Recent research by the National Institute of Standards and Technology (NIST) has shown that PFAS are released more readily when firefighter gear undergoes wear and tear, further increasing the risk of exposure.
AB 2408, introduced by Assembly member Matt Haney (D-San Francisco), aims to address this issue by banning the use of PFAS in firefighting gear across California. If passed, AB 2408 would prohibit the manufacture, sale, and distribution of firefighter personal protective equipment containing PFAS starting July 1, 2026. While cities like San Francisco have already enacted similar bans, AB 2408 would make California the first state to implement a statewide ban, setting a precedent for other states to follow.
"Twenty years ago, heart disease was the biggest threat to firefighter health," said Haney. "Today, cancer has replaced heart disease as the biggest killer of firefighters. Firefighters put their lives at risk every day on the front lines saving lives, responding to emergencies, and taking care of the vulnerable. We have an obligation to ensure they are not exposed to cancer-causing chemicals from the very equipment designed to keep them safe."
The Legal Landscape: Holding Manufacturers Accountable
Firefighters are not just seeking legislative change; they are also seeking to hold manufacturers accountable for their role in this public health crisis. Jacob Poganski, President of the El Dorado County Professional Firefighters Association, stated the industry has been complicit in exposing firefighters to these toxic chemicals.
"The industry did nothing to alert firefighters of the presence of these toxic materials in the gear they wear to protect them while fighting fires," Poganski stated. "Meanwhile, firefighters and their families, with increased frequency, receive cancer diagnoses linked to PFAS exposure. It is disgusting to think that the complicit nature of manufacturers and suppliers has directly led to a firefighter's illness or death. If even one of our firefighters developed cancer because of wearing the gear they thought was protecting them—that’s one too many. AB 2408 will stop allowing manufacturers to sell toxic protective gear to firefighters in our community."
Manufacturers that knowingly produced and sold PFAS-laden gear without providing adequate warnings or safer alternatives may be liable for the harm caused. Lawsuits against these companies could help recover recover damages for medical expenses, lost wages, pain and suffering, and other related losses.
Steps for Affected Firefighters and Their Families
If you or a loved one is a firefighter who has been diagnosed with cancer or another illness linked to PFAS exposure, there are several important steps you should take:
- Seek Medical Attention: If you suspect PFAS exposure, consult with a healthcare provider who is knowledgeable about the health risks associated with these chemicals. Early detection and treatment cam improve outcomes for conditions related to PFAS exposure.
- Document Your Exposure: Keep detailed records of your work history, including the types of protective gear you have worn and any known instances of exposure to PFAS. This information can be vital if you decide to pursue legal action.
- Consult a Lawyer: Given the complexity of cases involving toxic chemical exposure, it is important to consult with an attorney who specializes in environmental law or personal injury. A lawyer can help you understand your rights, assess the strength of your case, and guide you through the legal process.
- Stay Informed: Keep up to date with developments related to AB 2408 and other legislative efforts aimed at reducing PFAS exposure. Understanding the legal landscape can help you make informed decisions about your case and your health.
The Path Forward
AB 2408 represents a significant step forward in the fight against PFAS, but it’s only the beginning. As more information comes to light about the dangers of these chemicals, it is likely that additional legal and legislative actions will follow. Firefighters and their families who have been affected by PFAS exposure should be prepared to take legal action to hold manufacturers accountable and to seek justice for the harm they have suffered.
Contact Kershaw Talley Barlow Today
The dangers posed by PFAS in firefighting gear are a stark reminder of the importance of vigilance and accountability in the face of chemical exposure. By supporting legislation like AB 2408 and pursuing legal claims against negligent manufacturers, affected firefighters and their families can play a crucial role in protecting future generations from the devastating impact of PFAS. Do not hesitate to contact Kershaw Talley Barlow if you or a loved one is a firefighter who may have been exposed to PFAS. Our experienced team of attorneys are committed to providing the guidance and support you need in pursuing claims. Contact us today to learn how we can assist you in pursuing justice and protecting your rights in the face of PFAS exposure.
Call Kershaw Talley Barlow today at (916) 520-6639 or send us a message online.