Read the full article by John Gardella (The National Law Review)

“We previously wrote about the PFAS consumer fraud class action lawsuit filed against Coca-Cola in New York over one of the company’s orange juice products. Now, in the last few days, two new lawsuits for different products types have been filed that allege similar consumer fraud allegations – one involving mouthwash and the other involving a sports energy drink. These cases are but the latest in a growing line of PFAS lawsuits that allege that certain consumer goods contain PFAS, that the products or company’s values were marketed as healthy or environmentally friendly, and that consumers would not have purchased the products if they knew that the products contained PFAS.

As we predicted in early 2021, the increased attention on PFAS content in consumer goods in the scientific community and media presented significant risks to various industries, and our prediction was that the developments would lead to a significant number of lawsuits alleging consumer fraud. Consumer goods industries, insurers, and investment companies interested in the consumer goods vertical with niche interest in cosmetics companies must pay careful attention to these lawsuits.

On January 27, 2023, various plaintiffs filed a lawsuit in the Southern District of New York seeking a proposed class action against Colgate-Palmolive and Tom’s of Maine. The lawsuit alleges that the companies manufacture a brand of mouthwash, which is advertised as ‘natural’, and that the companies market themselves as making products that are healthy and safe for consumers and the planet. Testing showed that the mouthwash contained certain types of PFAS in certain quantities and, as such, the statements regarding natural content, safe for use by consumers, and protective of the planet were false, misleading or induced consumers to purchase products when the presence of PFAS in the products was not disclosed…

…The plaintiffs seek certification of a nationwide class action lawsuit, with subclasses defined as consumers in California and Illinois. In addition, the lawsuit seeks damages, fees, costs, and a jury trial.

Similarly, and on the same day, a separate lawsuit was filed against BioSteel in the Eastern District of New York. The company manufactures a sports energy drink, which is marketed as the ‘healthiest’ available on the market and eco-friendly. Testing conducted on the product showed that certain PFAS were in the energy drink at certain levels. The class proposed is a nationwide class and a New York subclass of plaintiffs. The Complaint makes similar legal allegations against BioSteel as were made against Colgate and Tom’s in the mouthwash case.”…