IAFF and NFPA Request Dismissal of Suit Concerning Toxins in Turnout Gear

The IAFF and the NFPA have filed a motion with the Superior Court in Boston to dismiss the lawsuit filed against the NFPA in 2023 in connection with PFAS in turnout gear.

The request to the court is to dismiss the suit with prejudice. If granted, the IAFF would not be allowed to refile the action against the NFPA.

Also, each organization would be responsible for court costs and attorneys' fees.

The lawsuit had sought to hold the NFPA liable for not removing a test for turnout gear that required PFAS.

Announcing the suit when it was filed, IAFF General President Edward Kelly told the media: “The very gear designed to protect firefighters, to keep us safe, is killing us.” 

NFPA President and CEO Jim Pauley wrote in a statement Monday: “As NFPA stated from the very beginning, the IAFF’s legal strategy was misguided and not supported by the facts. A portion of the lawsuit was dismissed in March 2024, and it was clear from the discovery process that remaining claims had no basis. We are pleased that they have asked the court to dismiss all claims."

The NFPA went on to point out that the organization is neutral and the IAFF suit had no bearing on turnout gear standards which are developed by committee members. 

Pauley pointed out:

• In March 2024, the judge dismissed the part of the lawsuit regarding the conspiracy claim. His decision states, “The IAFF does not point to, and the Court cannot find, any factual allegations in the complaint that plausibly suggest NFPA or any co-conspirators set about to accomplish an unlawful purpose, or used unlawful means to achieve an otherwise permissible goal.”
• IAFF has now asked the court to dismiss the remaining claims following a legal discovery process that underscored the soundness of NFPA’s consensus-based standards development process.