Kotex Lawsuit Alleges U by Kotex Click Compact Tampons Contain Unsafe Amounts of Lead
Barton v. Kimberly-Clark Corporation
Filed: July 30, 2024 ◆§ 3:24-cv-01337
A class action lawsuit alleges U by Kotex Click compact tampons contain unsafe, undisclosed amounts of lead.
California
A proposed class action lawsuit alleges U by Kotex Click compact tampons contain unsafe, undisclosed amounts of lead.
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The 22-page Kotex lawsuit alleges the tampons at issue contain amounts of lead in excess of California’s Proposition 65 maximum allowable dose level for reproductive toxicity, 0.5 micrograms per day. The amounts of lead allegedly present in the U by Kotex Click tampons are especially concerning given that the products are inserted into the body vaginally, meaning the lead is not filtered by the liver and can directly enter a person’s bloodstream, the complaint stresses.
The Kotex lawsuit claims the tampons, according to lab testing, contain 0.189 micrograms of lead per gram. Though the tampons have different weights depending on size, consumers are exposed to “far more” than the 0.5-microgram daily maximum regardless of size given they typically use multiple tampons per day, the suit alleges.
According to the false advertising complaint, Kotex manufacturer Kimberly-Clark Corporation knows, or should know, that the tampons contain lead, though the company “does not disclose, or materially omits,” this fact from advertising and product packaging.
“The Product labels state, for example, that the Products contain ‘no harsh ingredients’; that they contain ‘elemental chlorine-free rayon’; and that they are ‘pesticide free’; ‘made without fragrance’; ‘gynecologist tested’; and ‘BPA free.’
These label representations are likely to lead reasonable consumers to believe that the Products are safe to use and free from harmful elements and ingredients.”
Consumers who’ve purchased the U by Kotex Click tampons have been economically injured in that they would not have bought the products had they known they contained unsafe amounts of lead, the proposed class action contends.
The lawsuit relays that lead accumulates in the body over time and can cause severe health issues and toxicity, including neurological problems, kidney damage, anemia, seizures, and even death. Per the case, the presence of lead in the U by Kotex products is “particularly dangerous” given vaginal administration allows the lead to be absorbed directly into a person’s bloodstream without being filtered or lessened by metabolic function.
The complaint relays that U by Kotex Click Regular tampons, whose fabric portion weighs an average of 1.633 grams, contain roughly 0.309 micrograms of lead, while the U by Kotex Click Super variety, whose fabric portion weighs an average of 2.310 grams, contains approximately 0.437 micrograms of lead.
The fabric portion of a U by Kotex Click Super Plus tampon weighs roughly 2.961 grams, meaning the product contains approximately 0.560 micrograms of lead, the suit alleges.
“If consumers use six U by KOTEX Click® super plus tampons in a 24-hour period they are exposed to approximately 3.358 [micrograms] of lead, which is more than six times the [maximum allowable dose level].”
Under Proposition 65 in California, Kimberly-Clark is required to label the Kotex products at issue with a “clear and reasonable” warning that the items contain lead, the complaint states.
The Kotex lawsuit looks to cover all California residents who, within the last four years, bought any U by Kotex Click tampons in the state and do not claim any personal injury from using the products.
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