Lawsuit Investigation: Do Your Tampons, Pads Contain Toxic PFAS Chemicals?
Last Updated on January 29, 2024
Investigation Complete
Attorneys working with ClassAction.org have finished their investigation into this matter.
Check back for any potential updates. The information on this page is for reference only.
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Case Update
- January 29, 2024 – Judge Dismisses O.B. Organic, Playtex Tampons “Forever Chemicals” Lawsuits for Now; Third Case Carries On
- United States District Judge Araceli Martinez-Olguin has dismissed for now two proposed class actions against Edgewell Personal Care Co. that alleged the company’s o.b. Organic and Playtex Gentle Glide tampons contained harmful “forever chemicals,” while one other “overlapping” case continues to proceed.
On January 12, 2024, Judge Martinez-Olguin issued an order granting Edgewell’s motion to dismiss both cases and tossed each suit on the grounds that the plaintiffs failed to plausibly allege that the company’s tampon products contained per- and polyfluoroalkyl substances. In particular, the judge called the plaintiffs’ testing allegations “cursory” in that they provided “no specificity as to the results reached or any other findings” that would support the consumers’ interpretation of those results.
“As such, these allegations are devoid of the factual content necessary to nudge Plaintiffs’ claims, based on the theory that Edgewell’s tampons contain PFAS, from possible to plausible,” Judge Martinez-Olguin wrote, noting that the plaintiffs merely “speculated” that the hydrophobic components of the tampons must or are likely to contain forever chemicals simply because those chemicals are “frequently” used to make materials water-repellant.
Further, the judge stated that the plaintiffs’ cases were “silent as to the amount of organic fluorine detected and whether that amount is negligible or significant.”
“The complaints contain no allegations about whether the organic fluorine may be indicative of natural sources or is largely, if not exclusively, linked to forever chemicals,” the dismissal order reads. “Nor do the complaints allege whether the presence or absence of any other substance might bolster Plaintiffs’ interpretations of their testing’s findings.”
In light of the dismissals, Judge Martinez-Olguin ordered the parties to meet and confer as to how to efficiently handle the cases and the “overlapping matter” of a forever chemicals lawsuit filed against Procter & Gamble over its Tampax Pure Cotton tampons. The judge relayed that the court is inclined to pause the dismissed cases while the third continues so as to “avoid burdening the Court and the parties with parallel litigation” involving related issues. The plaintiffs in each of the three lawsuits are represented by the same counsel.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here. - March 6, 2023 - Investigation Closed, Lawsuit Filed
- Thank you to everyone who reached out to help with this investigation. The attorneys have heard from enough people, and at this time, at least one lawsuit has been filed.
The lawsuit was filed against Procter & Gamble over its Tampax Pure Cotton tampons and the alleged inclusion of PFAS. You can read more about the case here.
Head over to this page to read up on why you typically won't need to do anything to join cases in this stage of the litigation.
Any further updates will be posted on this page, should they become available. In the meantime, sign up for our newsletter to stay up to date on class action news, and you can also find a list of ongoing investigations here.
At A Glance
- This Alert Affects:
- Consumers who purchased certain menstrual products sold under the Tampax, o.b., Playtex and Always brand names.
- What’s Going On?
- Attorneys working with ClassAction.org are investigating whether certain tampons and pads contain toxic PFAS chemicals and, if so, whether class action lawsuits could be filed for potentially false or misleading advertising.
- Which Products Are Under Investigation?
- The full list of products can be seen below.
- What Could I Get from a Class Action Lawsuit?
- If filed and successful, a class action lawsuit could help consumers get some of their money back. It could also force the manufacturers to change the way they make and market their products.
- How Can I Help This Investigation?
- If you bought any of the tampons or pads listed below, fill out the form on this page and get in touch. Attorneys working with ClassAction.org need to hear from consumers as part of their ongoing investigation into the presence of PFAS in certain menstrual products.
Attorneys are investigating whether a class action lawsuit can be filed on behalf of consumers who purchased any of the following menstrual products:
- Tampax Pure Cotton Tampons
- o.b. Pro Comfort Regular Tampons
- o.b. Original Regular Tampons
- Playtex Sport Tampons
- Playtex Gentle Glide Fresh Scent Tampons
- Playtex Clean Comfort Tampons
- Always Pure Cotton Pads with FlexFoam
They have reason to suspect these products may contain toxic chemicals known as per-and polyfluoroalkyl substances (PFAS) and are now looking into whether a class action lawsuit can be filed over the way the tampons and pads were advertised to consumers.
What Are PFAS?
A group of human-made chemicals, PFAS have been used since the 1950s to make consumer and industrial products resistant to heat, oil, grease, water and stains. They gained particular media attention in the early 2000s after DuPont was sued for contaminating the drinking water of thousands living near its West Virginia Teflon plant with a toxic PFAS chemical known as perfluorooctanoic acid (PFOA). Since then, reports continue to surface of PFAS being found in everything from cleaning products and stain-resistant carpeting to nail polish and fast-food containers.
PFAS are commonly referred to as “forever chemicals” because of their inability to break down in the environment and their persistence in the human body. Once PFAS enter the body, either through ingestion, inhalation or absorption, they can stay in the body for years. One report from the Centers for Disease Control and Prevention found that 97% of Americans have PFAS in their blood.
Toxic Effects of PFAS Chemicals
According to the Environmental Protection Agency, exposure to certain levels of PFAS has been associated with:
- Prostate, kidney and testicular cancer
- Fertility problems
- Developmental delays in children
- Increased cholesterol levels
- Reduced immunity to infections
Changes in liver enzymes, low infant birth weights, thyroid hormone disruption and an increased risk of preeclampsia in pregnant women have also been linked to PFAS exposure. Mothers who breastfeed can also expose their babies to PFAS, as these chemicals have been found to contaminate breast milk.
How Could a Class Action Lawsuit Help?
If filed and successful, a class action lawsuit could help consumers get back some of the money they paid for their tampons and pads. It could also force the manufacturers to change the way they market and advertise their products. Lastly, a successful class action could result in an order requiring that these manufacturers discontinue using PFAS in their products moving forward and even force a recall.
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