New PFAS Lawsuit Says Trojan Condoms Contain Undisclosed Forever Chemicals
Goodman v. Church & Dwight Co., Inc.
Filed: September 9, 2024 ◆§ 1:24-cv-06813
A class action lawsuit alleges Trojan condoms are unfit for their intended use because they contain undisclosed PFAS, known as forever chemicals.
A proposed class action lawsuit alleges Trojan condoms are unfit for their intended use because they contain undisclosed per- and polyfluoroalkyl substances (PFAS), known as forever chemicals, that are dangerous to human health.
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The 24-page PFAS lawsuit against Trojan maker Church & Dwight Co. says that the presence of synthetic forever chemicals in the condoms is not disclosed anywhere on product packaging.
The suit stresses that exposure to PFAS, which can be found in non-stick cookware, water-repellant clothing, stain-resistant fabrics and carpets, firefighting foam and more, can be harmful at even very low levels, and has been linked to thyroid disorders, immunotoxic effects, liver damage and cancers, among other conditions.
“No reasonable consumer would expect that a product marketed for use on genitalia contain dangerous PFAS, which are indisputably linked to harmful health effects in humans,” the proposed class action says. “Accordingly, Plaintiff and Class Members suffered economic injuries as a result of purchasing the Products.”
According to the lawsuit, Trojan condoms bought by the plaintiff were sent to an independent lab for testing, which found the presence of organic fluorine in the products, confirming the presence of PFAS. Organic fluorine is a marker for forever chemicals given that all PFAS, which persist and accumulate in the human body and environment over time, are carbon-based compounds that contain fluorine, the suit explains. Per the case, total organic fluorine testing is widely accepted by scientists, researchers and regulators as a reliable method to detect PFAS.
Crucially, organic fluorine is not found naturally in the human body and is “practically nonexistent” outside of its use in man-made PFAS, the complaint states.
The presence of PFAS in Trojan condoms raises serious concerns about the products’ impact on consumers’ health, especially given that PFAS can enter the body through sexual intercourse, the suit says. The case adds that, when body temperature rises during intercourse, the heat can quicken the transfer of PFAS through the skin barrier.
“The female and male genitals have delicate tissues that are more prone to absorbing chemicals than other areas of the body,” the lawsuit says. “When condoms are placed on genitalia, PFAS can be absorbed readily.”
The filing relays that Church & Dwight has cultivated for Trojan condoms “a brand image of quality and trustworthiness,” tagging the more than 30 varieties of products as “America’s #1 Condom,” “trusted for over 100 years,” and made from “premium quality latex.”
Reasonable consumers believe that Trojan condoms do not contain synthetic chemicals that could harm their health and the health of their sexual partners, the complaint contends.
The case contends that consumers would not have bought Trojan condoms “on the same terms” had they known the products contained PFAS. The suit argues Church & Dwight is able to, and does, charge a premium over the price of competitors’ products based on the brand recognition and reputation of Trojan condoms.
The Trojan PFAS lawsuit looks to cover all individuals in the United States who bought Trojan condoms during the statute of limitations period.
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