P&G seeks dismissal of Tampax PFAS class action, claiming not enough proof

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Update:

• Procter & Gamble has asked a federal judge in California to dismiss a class action lawsuit accusing the company of selling Tampax tampons containing per- and polyfluoroalkyl substances (PFAS). 
• The consumer behind the class action lawsuit argues P&G is lying to its customers by stating the tampons are “pure cotton” because the product allegedly contains so-called “forever chemicals.” 
• P&G is countering that the consumer did not show its Tampax tampon products contain PFAS since they only tested them for organic fluorine, which the company argues does not indicate the potential presence of PFAS. 
• Exposure to PFAS has been linked to adverse health effects, including cancer. 

Tampax Pure Cotton class action lawsuit overview: 

• Who: Brittany Bounthon, Vivianna Rivera and Gina Allen filed a class action lawsuit against The Procter & Gamble Co. 
• Why: Bounthon, Rivera and Allen claim P&G misleads consumers about the safety of its Tampax tampon product. 
• Where: The class action lawsuit was filed in California federal court. 

(February 27, 2023)

Procter & Gamble (P&G) misleads consumers about the safety of its Tampax Pure Cotton tampon product, a new class action lawsuit alleges. 

Plaintiffs Brittany Bounthon, Vivianna Rivera and Gina Allen claim P&G has “intentionally designed” the packaging for its Tampax Pure Cotton product to make consumers believe it does not contain any potentially harmful chemicals.

P&G includes front and back label representations that would lead consumers to believe the Tampax products are safe, including “100% organic” and “the best of science and nature,” according to the Tampax class action. 

The plaintiffs argue the Tampax products, in reality, contain per- and polyfluoroalkyl substances (PFAS) that have “a toxic, persistent, and bioaccumulative nature” and are “associated with numerous health concerns.” 

“The presence of PFAS chemicals in the Tampon Products is entirely inconsistent with P&G’s uniform Pure and Organic Representations,” the Tampax class action states. 

The plaintiffs want to represent a nationwide class, a California class and multistate consumer protection class of individuals who purchased P&G’s Tampax Pure Cotton tampons for personal use and not resale. 

P&G accused of unjust enrichment, violating state consumer protection statutes

P&G is accused of unjust enrichment and of violating California’s Consumers Legal Remedies Act, Unfair Competition Law, False Advertising Law and various state consumer protection statutes. 

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, exemplary and statutory damages for themselves and all class members. 

Consumers dealt with a nationwide shortage of tampons last year that was caused by a combination of supply chain struggles, labor shortages, and rising prices for fuel and raw materials. 

Have you purchased Tampax tampons? Let us know in the comments. 

The plaintiffs are represented by Benjamin E. Shiftan and Melissa S. Weiner of Pearson Warshaw LLP, and Rachel Soffin, Harper T. Segui and Erin J. Ruben of Milberg Coleman Bryson Phillips Grossman LLP. 

The Tampax Pure Cotton class action lawsuit is Bounthon, et al. v. The Procter & Gamble Co., Case No. 3:23-cv-00765, in the U.S. District Court for the Northern District of California.

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