Diaper Manufacturer Wins Dismissal of PFAS-Related Suit
The Southern District of New York granted Coterie Baby’s motion to dismiss a putative class action alleging that Coterie’s diapers contained PFAS despite advertising that its diapers are free from PFAS and other chemicals. The plaintiff alleged that she was injured because she paid more for the diapers than she would have if she had known that the diapers purportedly contained PFAS. The court held that the plaintiff lacked Article III standing to assert her claims because she failed to plausibly show that the specific diapers that she purchased contained PFAS. The court also rejected the plaintiff’s allegation that PFAS are “ubiquitous,” including in dust accumulating in buildings, such that it was “essentially impossible to manufacture, ship and sell a diaper that is entirely PFAS-free.”
October 3, 2024 | Saedi v. Coterie Baby Inc., No. 1:24-cv-03893 (S.D.N.Y.).