Tampax Lawsuit Claims Tampons Not ‘Free of Dyes’ as Advertised
Strano v. The Procter & Gamble Company
Filed: April 29, 2024 ◆§ 1:24-cv-03195
A new class action lawsuit alleges Procter & Gamble’s purportedly dye-free Tampax tampons are misleadingly advertised since the products contain titanium dioxide.
A new proposed class action lawsuit alleges Procter & Gamble’s purportedly dye-free Tampax tampons are misleadingly advertised since the products contain titanium dioxide, a synthetic powder used as a white pigment.
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The nine-page Tampax lawsuit contends that the titanium dioxide found in the Cardboard, Pearl and Radiant sub-brands of tampons “serves the identical purpose of dyes” in lending the products a white color.
Per the complaint, Procter & Gamble’s use of titantium dioxide is “solely for the appearance” of the products and their components and does not support the efficacy of the tampons.
Overall, the suit claims P&G has sold more of the Tampax tampons at issue, and at higher prices, than it would have in the absence of the misleading claim that the products are “free of dyes.”
“As a result of the misleading representations, the Products are sold at prices higher than similar products that are represented in a non-misleading way and at prices higher than they would be sold absent the misleading representations,” the case summarizes.
According to the lawsuit, the statement “free of dyes” appeals to consumers in search of tampons with no added coloring. The filing shares that although it may be “literally true” that there are no dyes in the Tampax products, the “free of dyes” statement is nonetheless misleading given the use of titanium dioxide.
The lawsuit looks to cover all persons in New York who, within the applicable statute of limitations period, bought any of the Tampax products listed on this page.
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