Judge dismisses o.b., Playtex tampon PFAS class action

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Update:

• A federal judge in California dismissed a lawsuit claiming o.b. Organic tampons include harmful forever chemicals.
• U.S. District Judge Araceli Martinez-Olguin ruled the plaintiffs’ testing for per- and polyfluoroalkyl substances (PFAS) was insufficient proof to make their claims and could then not prove any damages.
• Judge Martinez-Olguin set a noon Jan. 25 deadline for joint case management statements with a Feb. 1 conference, when he will determine a deadline for a second amended complaint.
• Martinez-Olguin also dismissed similar claims against the Edgewell Personal Care Company related to Playtex Gentle Glide tampons.

O.b. Organic tampons lawsuit overview:

• Who: An organic tampon consumer sued Edgewell Personal Care Co., the maker of o.b. Organic tampons.
• Why: The plaintiff says the tampons contain “forever chemicals.”
• Where: The o.b. Organic tampons lawsuit was filed in a California federal court.

(March 01, 2023)

Edgewell Personal Care Co. makes o.b. Organic tampons and advertises them as being a healthy product when they allegedly contain potentially harmful “forever chemicals,” a new class action lawsuit states.

Plaintiff Brigette Lowe filed the class action lawsuit against Edgewell Personal Care Co. on Feb. 24 in a California federal court, alleging violations of state and federal consumer laws. 

According to the o.b. Organic tampons lawsuit, Edgewell leads consumers to believe the o.b. Organic tampons are a healthy product for absorbing menstrual fluid and do not contain any chemicals potentially harmful to women’s health.

However, Lowe alleges her independent testing shows the tampons contain per- and polyfluoroalkyl substances (PFAS), a category of human-made chemicals with a “toxic, persistent and bioaccumulative nature which are associated with numerous health concerns.”

“Reasonable consumers, therefore, fairly and reasonably understand that a product marketed with the Organic Representations would not contain chemicals known to be harmful to humans or the environment,” the lawsuit states.

Edgewell persistently advertises o.b. Organic tampons as healthy, lawsuit states

Edgewell intentionally designed the front and back package label representations on the tampon products to lead consumers to believe they don’t contain anything that could be potentially harmful. 

“Beginning with the name ‘o.b. organicTM,’ along with the ‘100% Organic Cotton’ representation … in addition to representations that the Tampon Products are ‘Free from Chlorine’ and contain no Fragrances or Dyes,’” the o.b. Organic tampons lawsuit states.

Lowe seeks to represent anyone who bought the tampons in the United States plus a multistate consumer protection class from California, Florida, Illinois, New York, Massachusetts, Michigan, Minnesota, Missouri, New Jersey and a California class.

She sued for violations of state consumer laws and unjust enrichment and seeks certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, This is L. Inc., a Procter & Gamble unit, was hit with a class action lawsuit in September alleging it falsely advertises its tampons as “100% organic” when they actually contain non-organic ingredients.

What do you think of the allegations in this case? Let us know in the comments.

The plaintiff is represented by Pearson Warshaw LLP and Milberg Coleman Bryson Phillips Grossman LLP.

The o.b. Organic tampons lawsuit is Brigette Lowe, et al. v. Edgewell Personal Care Co., Case No. 3:23-cv-00834-LB, in the U.S. District Court for the Northern District of California. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Kombucha class action claims popular drink brand contains PFAS
• Boston Foundry class action claims cookware falsely advertised as nontoxic
• Appellate court vacates class certification in PFAS class action lawsuit against 3M, others
• Nestle Purina class action alleges pet food packaging contains PFAS