A California federal court granted Procter & Gamble's motion to dismiss a proposed class action lawsuit alleging that its Tampax brand tampons contain per- and polyfluoroalkyl substances (PFAS). The ruling, issued on October 15, 2024, allows the plaintiffs leave to amend their complaint for a second time. This decision is notable as it challenges the testing methods commonly relied upon by plaintiffs in similar PFAS lawsuits.
The court found that the plaintiffs' total organic fluorine (TOF) testing methods did not plausibly indicate the presence of PFAS in the products. Scientific articles cited in the complaint acknowledged that TOF testing is a screening tool but not dispositive, as many organic fluorine compounds are not PFAS. More targeted testing is required to confirm the presence of specific PFAS forms.
Furthermore, the court determined that even if the TOF analysis were a reliable method, the complaint failed to sufficiently allege that the tampons contained harmful levels of PFAS. This ruling could significantly influence future PFAS litigation by providing a precedent that questions the reliability of TOF testing as primary evidence.
The content on BeyondSPX is for informational purposes only and should not be construed as financial or investment advice. We are not financial advisors. Consult with a qualified professional before making any investment decisions. Any actions you take based on information from this site are solely at your own risk.