California Federal Court Dismisses Lawsuits Alleging PFAS in Tampons

“100% Organic Cotton.” “Gentle and safe for your body.” “Only what you need, nothing you don’t.” Those representations about tampons were false or misleading, according to the plaintiffs, because the tampons contained synthetic PFAS chemicals. A federal court in California granted the tampon company’s motion to dismiss. It reasoned that the plaintiffs did not “plausibly allege that [the company’s] tampon products contain forever chemicals.” Although the plaintiffs alleged that independent, third-party testing proved the presence of PFAS in the tampons, the court found that the allegations were cursory and insufficiently specific, with no information about the amount of fluorine detected or whether it was significant.

January 12, 2024 | Lowe v. Edgewell Personal Care Company, No. 3:23-cv-00834, Mack v. Edgewell Personal Care Company, No. 3:23-cv-00837 (N.D. Cal.).

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