Nuk Lawsuit Alleges ‘BPA Free’ Baby Bottles Are Loaded With Microplastics

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The maker of Nuk baby bottles faces a proposed class action lawsuit that alleges the supposedly BPA-free products are, unbeknownst to consumers, loaded with high amounts of harmful microplastics.

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The 49-page Nuk lawsuit against manufacturer Newell Brands accuses the company of falsely and misleadingly advertising the synthetic polypropylene baby bottles as safe, good for children, and free of bisphenol A (BPA), an industrial chemical used to make certain plastics.

The proposed class action alleges Newell Brands has “go[ne] to considerable lengths to mislead consumers” about the Nuk baby bottles, namely by failing to disclose that the products pose a risk of leaching microplastics into food and drinks, especially when heated as intended.

“Defendant fails to inform consumers that the Products made of polypropylene ‘release microplastics with values as high as 16,200,000 particles per litre [sic],’ and that ‘sterilization and exposure to high-temperature water significantly increase microplastic release.’”

According to the complaint, companies such as Newell have capitalized on consumers’ desire for “natural” products—and their willingness to pay a premium for items advertised as natural or “clean.” Per the suit, consumers interpret the claim “BPA Free” as meaning that the bottles are free of harmful plastics. The suit alleges Newell knew or should have known before placing Nuk baby bottles into the stream of commerce that the products were far from BPA-free as advertised.

“However, Defendant misrepresented, omitted, and concealed this material fact to all reasonable consumers, including Plaintiff and the Class members, by not including this information anywhere on the Products’ labeling,” the lawsuit alleges, claiming consumers have been “dupe[d]” into believing the Nuk bottles are free from microplastics.

The filing explains that microplastics are minuscule plastic particles less than five millimeters in diameter that form when solid plastics break down through abrasion, degradation or exposure to heat. Studies have shown that microplastics consumption can adversely impact human health and that exposure to the plastic particles can be particularly dangerous for infants, the case stresses.

“Exposure to even low doses of microplastics during a child’s early development may cause long-term health complications later in life,” the suit reads. “Experts in microplastics warn that infants, with their entire lives ahead of them, face a heightened risk of developing lifelong ailments due to their prolonged exposure to microplastics starting from such a young age.”

Despite the apparent dangers of microplastics, Newell Brands allegedly hides from consumers that its Nuk baby bottles come with a heightened risk of microplastics exposure, “depriving parents of the ability to make informed choices about their children’s health and well-being,” the lawsuit charges.

According to the filing, current research shows that toddlers who consume microwaved dairy products from polypropylene containers “can intake up to 22.1 ng/kg per day of microplastics,” while another study found that a single infant’s microplastic consumption via polypropylene feeding bottles “ranges from 14,600 to 4,550,000 particles per day.”

Crucially, exposing plastic containers to high temperatures leads to a “more than twofold increase in the total amount of microplastics released,” the suit says.

“Defendant fails to warn consumers that its Products should not be heated due to extreme microplastic exposure increases,” the case relays.

The Nuk baby bottles class action lawsuit looks to cover all individuals who bought Nuk baby bottles in the United States for personal or household use within the fullest period allowed by law.

The Nuk class action lawsuit was filed on the heels of a Philips Avent lawsuit, Dr. Brown’s lawsuit, and Tommee Tippee lawsuit, all of which alleged the companies’ respective polypropylene baby bottles and/or sippy cups contained significant amounts of undisclosed microplastics.

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