Judge dismisses tampon lead class action with option to refile

By Top Class Actions , Jessy Edwards | February 13, 2025

Category: Household

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Kotex tampon products on a supermarket shelf, representing the Tampax and Kotex class actions. — (Photo Credit: Zety Akhzar/Shutterstock)

Update 2:

A California federal judge dismissed fraud claims against Kimberly-Clark and Procter & Gamble (P&G) on Feb. 13 over alleged toxic lead levels in their Kotex and Tampax tampons.
The dismissal was “without prejudice,” allowing the plaintiff, 25 days to amend her complaint and try again.

Update 1:

Kimberly-Clark filed a motion to dismiss a class action lawsuit claiming its Kotex tampons contain an unsafe amount of lead.
The company filed the motion Oct. 7 in a California federal court as Procter & Gamble filed a similar request to have claims of allegedly high levels of lead in its Tampax tampons dismissed against it.
In the Kimberly-Clark court filing, the company argues the lawsuit should be dismissed because the California plaintiff has not alleged she used its U by Kotex tampons. It also argued the plaintiff relied on testing results from tampons she did not purchase.
Meanwhile, P&G argues it should be freed from the claims because the Food and Drug Administration announced it is looking into whether commercially available tampon products contain harmful levels of heavy metals.

Tampax, Kotex tampons class action lawsuits overview:

Who: Allison Barton filed two separate class action lawsuits against The Procter & Gamble Co. and Kimberly-Clark Corp.
Why: Barton claims Procter & Gamble and Kimberly-Clark fail to disclose that respective Tampax and Kotex tampon products contain an unsafe amount of lead.
Where: The Kotex and Tampax class action lawsuits were filed in California federal court.

(Aug. 6, 2024)

Two new class action lawsuits charge that the makers of Tampax and Kotex tampons fail to disclose and materially omit that the feminine hygiene products contain unsafe amounts of lead.

Plaintiff Allison Barton claims The Procter & Gamble Co. and Kimberly-Clark Corp. have a duty to disclose the lead content in their Tampax and Kotex tampons, respectively, on account of the alleged health risk associated with using them.

“Defendant’s conduct is unlawful, misleading and constitutes a material omission, including because the Products pose a hidden health risk,” the Tampax and Kotex class actions say.

Barton wants to separately represent a class of California citizens who bought Tampax or Kotex tampons in the state within the last four years and who do not claim any personal injury from using them.

Tampax, Kotex makers violated California law, class action claims

Barton argues Procter & Gamble and Kimberly-Clark either know or should know their tampon products contain lead, and that, while they don’t disclose the lead, they make other advertising statements designed to increase their sales.

“These label representations are likely to lead reasonable consumers to believe that the Products are safe to use and free from harmful elements and ingredients,” the Tampax and Kotex class actions say.

Barton claims Procter & Gamble and Kimberly-Clark are guilty of violating California’s False Advertising Law, Consumer Legal Remedies Act and Unfair Competition Law.

The plaintiff is demanding separate jury trials and declaratory and injunctive relief along with an award of compensatory and monetary damages for herself and all class members.

Another class action lawsuit filed earlier this year against Procter & Gamble alleges the company misrepresents its Tampax Pure Cotton tampons as 100% cotton when they actually contain synthetic ingredients.

Have you purchased Tampax or Kotex tampons in the last four years? Let us know in the comments.

The plaintiff is represented by Naomi B. Spector of KamberLaw LLP.

The Kotex, Tampax tampons class action lawsuits are Barton, et al. v. The Procter & Gamble Company, Case No. 3:24-cv-01332 and Barton, et al. v. Kimberly-Clark Corporation, Case No. 3:24-cv-01337, both in the U.S. District Court for the Southern District of California.