Judge dismisses class action against The Children’s Place over PFAS in school uniforms

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Update: 

• A federal judge in Illinois dismissed a class action alleging The Children’s Place manufactured and sold school uniforms containing polyfluoroalkyl substances (PFAS). 
• U.S. District Judge Matthew F. Kennelly ruled the consumers behind the class action lawsuit, Angala Garland and Joelis Saldana, failed to state a claim for fraudulent concealment as they did not allege The Children’s Place had a duty to disclose the PFAS. 
• The court also found the consumers did not plausibly allege The Children’s Place’s conduct violated any public policy or was immoral, unethical or oppressive, among other things. 
• Garland and Saldana argued The Children’s Place was aware its school uniform clothing contains PFAS but knowingly and willfully concealed their true, unsafe nature from consumers. 
• The plaintiffs can amend and refile the suit if desired.

The Children’s Place PFAS class action lawsuit overview: 

• Who: Angala Garland filed a class action lawsuit against The Children’s Place Inc. 
• Why: Garland claims The Children’s Place manufactures and sells school uniforms containing harmful chemicals, including multiple polyfluoroalkyl substances. 
• Where: The class action lawsuit was filed in Illinois federal court. 

(Aug. 7, 2023)

Clothing store The Children’s Place manufactures and sells school uniforms containing harmful chemicals, including multiple polyfluoroalkyl substances (PFAS), a new class action lawsuit alleges.  

Plaintiff Angala Garland claims independent and industry-standard testing has confirmed the existence of PFAS — which are also known as “forever chemicals” —  in school uniforms sold by The Children’s Place. 

Garland argues The Children’s Place is aware its school uniforms contain PFAS, but allegedly chooses to “knowingly and willfully” conceal from its customers the “true, unsafe nature” of the products.

“Defendant’s misbranding and omission of material facts concerning the true, unsafe nature of their School Uniforms was intentional, and it renders the School Uniforms worthless or less valuable,” the Children’s Place class action alleges. 

Garland wants to represent a nationwide class and Illinois subclass of all persons or entities who have purchased school uniforms from The Children’s Place. 

PFAS in The Children’s Place uniforms allegedly pose ‘greater body burden’ to young children

Garland argues young children who wear school uniforms sold by The Children’s Place are “uniquely vulnerable and susceptible to the adverse health incomes associated with PFAS.” 

“The levels of PFAS in the School Uniforms pose a greater body burden and higher health dangers to children than to adults exposed to the same levels of PFAS,” the class action argues. 

Garland claims The Children’s Place is guilty of unjust enrichment, breach of implied warranty, and fraudulent concealment, and violating Illinois’ Consumer Fraud and Deceptive Business Practices Act. 

Plaintiff is demanding a jury trial and requesting declaratory and/or injunctive relief along with an award of actual, direct, compensatory, and punitive damages for herself and all class members. 

A consumer filed a separate class action lawsuit against The Children’s Place earlier this year, arguing the company failed to make one of its New York store locations accessible to individuals using a wheelchair. 

Have you purchased a school uniform sold by The Children’s Place? Let us know in the comments! 

The plaintiffs are represented by E. Samuel Geisler, Brian F. Aylstock and D. Nicole Guntner of Aylstock, Witkin, Kreis & Overholtz, and Marcus J. Bradley, Kiley L. Grombacher and Robert N. Fisher of Bradley/Grombacher LLP. 

The Children’s Place PFAS class action lawsuit is Garland v. The Children’s Place Inc., Case No. 1:23-cv-04899, in the U.S. District Court for the Northern District of Illinois.

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