By Jessy Edwards  |  December 2, 2024

Category: Legal News
Tampax products on a supermarket shelf, representing the Tampax class action.
(Photo Credit: SariMe/Shutterstock)

Tampax class action overview: 

  • Who: A New York  woman is suing The Procter & Gamble Company.
  • Why: The plaintiff claims the company sells a line of Tampax-brand tampons that contain lead.
  • Where: The lead in tampons class action was filed in a New York federal court.

The Procter & Gamble Company has been hit with a class action lawsuit alleging its Tampax tampons are contaminated with unsafe levels of lead, a neurotoxin linked to severe health risks. 

Plaintiff Einaya Morciglio filed the class action complaint against The Procter & Gamble Company (P&G) on Nov. 20 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the Tampax class action lawsuit, P&G failed to disclose the potential contamination, violating New York’s consumer protection laws and breaching implied product safety guarantees.

The lawsuit targets several Tampax tampon varieties, including Pearl Light, Regular, Super, Super Plus, Ultra, and Pure Cotton. 

According to the lead in tampons class action lawsuit, the products’ packaging and advertising fail to warn consumers about the presence of lead, exposing them to significant health risks. 

Hidden dangers contained in women’s product, lawsuit alleges

Lead is recognized as a dangerous substance with no safe exposure level, as stated by experts including the Mayo Clinic and the World Health Organization, Morciglio argues.

“Even small amounts of lead can cause serious health problems,” the lawsuit states, citing the Mayo Clinic. “At very high levels, lead poisoning can be fatal.” 

Lead exposure is also associated with cognitive impairments, mental illness, hypertension, and other health conditions, making its presence in products designed for internal use especially concerning, Morciglio says.

Morciglio alleges that independent testing confirmed lead in the products, contradicting P&G’s claims on its website that safety is a top priority.

P&G has an obligation to disclose such risks, given its exclusive control over product testing and quality, the lawsuit argues. 

By failing to do so, the company allegedly misled consumers, who paid a premium for products they believed to be safe, the complaint alleges.

As a result, Morciglio is suing on behalf of everyone in the United States who bought the allegedly unsafe tampons. She is suing for violations of New York’s General Business Law, unjust enrichment and breach of warranty and seeking certification of the class action, damages, fees, costs and a jury trial.

The lawsuit follows a similar complaint filed against P&G in California in August, which alleged the Procter & Gamble Company sells a line of Tampax-brand tampons containing lead. The California tampon class action lawsuit claims P&G falsely represents that its Tampax Pearl tampons are safe to use, despite the product allegedly containing unsafe levels of lead. 

What do you think of the allegations in this Tampax class action? Let us know in the comments.

The plaintiff is represented by Jason P. Sultzer, Esq. Daniel Markowitz, Esq. of Sultzer & Lipari PLLC; Charles E. Schaffer and Daniel C. Levin of Levin Sedran & Berman LLP and James L. Ferraro of The Ferraro Law Firm P.A.

The Tampax class action is Einaya Morciglio v. The Procter & Gamble Company, Case No. 1:24-cv-08849 in the U.S. District Court for the Southern District of New York.


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35 thoughts onTampax faces another class action over lead in tampons

  1. Adrielle Blessing says:

    Good lord. Add me.

  2. Dardhielle Jean says:

    I’ve been using these tampons since I was a teen, now I’m middle aged. I try to be very healthy sooo this is very upsetting that I’ve been inserting lead into my cervix without being made aware

  3. Laura Stoffler says:

    I have innumerable health issues and have been using Tampax for 30 years!

  4. Amy J. says:

    Used 40 years and I have autoimmune disease, fibromyalgia, memory issues and have had cancer twice before 50.

  5. Chancey Dixon says:

    I am almost 40 been using Tampax since a teen. I have Depression, Anxiety, EDS, Memory problems, cognitive issues. All started around my mid-thirties. 2 children are autistic and my youngest was born with a rare Brain Malformation.
    ADD ME PLEASE.

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