The Ecological Alliance LLC of California (hereinafter referred to as "Ecological Alliance") recently filed a lawsuit against Edgewell Personal Care Brands LLC and 99 Cents Only Stores LLC (collectively referred to as "the defendants"), accusing these companies of manufacturing, distributing, or selling sanitary pads containing PFOA, in violation of California's Safe Drinking Water and Toxic Enforcement Act (also known as "Proposition 65" or "the Act").
The products in question are Carefree brand sanitary pads, produced/distributed by Edgewell Personal Care Brands LLC and sold in California by retailers including 99 Cents Only Stores. The Ecological Alliance, through testing via EPA Method 8321B, found that an average consumer using these pads would be exposed to 12.778 nanograms of PFOA per day. The exposure routes for this chemical include ingestion and skin contact, which could lead to cancer, birth defects, and other reproductive harm. The organization seeks an order from the Los Angeles County Superior Court of California directing Edgewell and other companies to cease selling these products in the state unless they warn consumers of this potential exposure risk.
According to Section 25249.7(d) of the Act, unless an appropriate public enforcement agency has already commenced and is actively prosecuting to correct these violations, the Ecological Alliance will file a private enforcement action within sixty days or longer after effective service of this notice. To protect the public interest and the health of California consumers, the Ecological Alliance intends to bring enforcement action unless the defendants agree to an enforceable written agreement to: (1) recall the listed products to eliminate further exposure to the identified chemical; (2) apply clear and reasonable warning labels to products intended for future sale or reformulate the products to eliminate exposure; and (3) pay appropriate civil penalties.
This case is the first involving PFAS in women's care products under Prop 65. As more attention focuses on consumer product safety and the potential health impacts of chemicals, the filing of this case highlights the importance of consumer protection and corporate responsibility in product safety. The enforcement of Prop 65 is not only about penalizing non-compliant companies but more importantly, about using legal means to raise public awareness of potential health risks. This lawsuit could lead to broader self-examination within the industry, prompting companies to reassess the potential harmful chemicals in their products and push for more transparent product labeling and consumer information.
