OB “Organic” Tampons Contain PFAS Class Action

Consumers these days prefer natural and organic ingredients, without chemicals or artificial ingredients. Edgewell Personal Care Company offers OB Organic tampons, but the complaint for this class action alleges that the product, which is advertised as containing no potentially harmful
Chemicals, does contain per- and polyfluoroalkyl substances (PFAS), which the complaint alleges has “a toxic, persistent, and bioaccumulative nature” possibly posing health concerns.

Three classes have been proposed for this action:

• The Nationwide Class is all persons who, during the fullest period allowed by law, bought the tampons in the US within the applicable statute of limitations, for personal use and not for resale, until the date the Notice is sent out in this lawsuit.
• The Multi-State Consumer Protection Class is all persons who, during the fullest period allowed by law, bought the tampons in California, Florida, Illinois, New York, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, and Washington, within the applicable statute of limitations, for personal use and not for resale, until the date the Notice is sent out in this lawsuit.
• The California Class is all persons who, during the fullest period allowed by law, bought the tampons in California within the applicable statute of limitations, for personal use and not for resale, until the date the Notice is sent out in this lawsuit.

The complaint speaks about “increased concern” among women about chemicals in tampons and other menstrual products: “These concerns arise, in part, from the fact that the vagina and vulva absorb chemicals at a higher rate than other areas of the body.”

Edgewell makes the OB Organic tampons, promising that they are “100% Organic Cotton.” Page 3 of the complaint reproduces an image of the front of the box, including this promise, and two others: “Free from chlorine” and “No fragrances or dyes.”

The following page bears an image of the back of the box, which also promises, “Made from 100% certified organic cotton—from tip to string,” “Responsibly sourced. Free from pesticides,” and “Only what you need, nothing you don’t.”

The complaint alleges that Edgewell makes these promises “in order to lead reasonable consumers to believe that the Tampon Products do not contain any potentially harmful chemicals[,]” particularly as they are intended to be used internally.

Unfortunately, the complaint alleges that the tampons contain PFAS, which are not natural and have been associated with many health concerns. The complaint lists some of these concerns as “decreased male and female fertility, negative developmental effects or delays in children, increased, risk of cancers, liver damage, and thyroid disease, adverse impacts on the immune system, interference with hormones and increased cholesterol levels.”

According to the complaint, testing has shown that the tampons contain PFAS: The “independent testing was conducted in accordance with accepted industry standards for detecting whether the Tampon Products contain organic fluorine, which is a surrogate for PFAS chemicals.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Made or Constructed with Harmful Chemicals, PFAS