Carefree Pad Liner Lawsuit Filed Over Potentially Cancer Causing Chemicals

Lawsuit was filed on the same day the California Governor signed a law banning PFAS chemicals in female hygiene products.

An environmental group has filed a lawsuit against the manufacturer of Carefree feminine hygiene products, which seeks to have toxic and potentially cancerous Per- and polyfluoroalkyl substances (PFAS) removed from the company’s pad liners.

Often referred to as “forever chemicals” because of how long they persist in the environment without breaking down, PFAS include a group of over 9,000 man-made substances that have been widely used for decades, to resist grease, oil and water.

While the chemicals have been heavily used in a wide range of industrial and consumer products since the early 1950’s, mounting evidence suggests that exposure to these chemicals can lead to a variety of serious health issues, including various cancers, liver damage, thyroid disease, reduced fertility, high cholesterol, obesity, hormone suppression and other injuries.

In a complaint (PDF) filed in the Superior Court of the State of California on September 30, the environmental group Ecological Alliance alleges that Edgewell Personal Care Co., manufacturers its popular Carefree pad liners with toxic PFAS chemicals, creating a potential risk of adverse side effects for women nationwide.

On the same day that Ecological Alliance filed the Carefree pad liner lawsuit, California Governor Gavin Newsom signed a bill into law that bans PFAS chemicals from tampons and other feminine hygiene products, citing increasing health concerns associated with the toxic chemicals.

This new legislation, which is set to take effect next year, prohibits the use of all PFAS chemicals in feminine hygiene products manufactured or sold in California. It includes provisions for fines for non-compliance. Additionally, if PFAS chemicals are present unintentionally, manufacturers must adhere to permissible limits, which will be established by the California Department of Toxic Substances Control by 2027.

According to the lawsuit filed by Ecological Alliance, Carefree menstrual pads violate California’s Proposition 65, which indicates that companies must inform residents of the state about significant exposures to chemicals known to cause harm.

Ecological Alliance indicates that Carefree pads fail to provide a clear and reasonable warning to consumers that they contain PFOA, a chemical known to cause reproductive toxicity and cancer.

The lawsuit highlights that Edgewell Personal Care Co.’s Carefree panty liners, which are designed for long wear of up to eight to 10 hours a day to provide odor and dryness protection, maintain direct contact with sensitive areas of the body.

This extended exposure raises significant health concerns, especially considering the findings of a recent PFAS skin absorption study, which determined that prevalent use of the chemicals in many personal care products may pose serious health risks.

The lawsuit indicates that the manufacturer of Carefree pads was issued a 60-Day Notice of Violation on February 6, before the formal complaint was filed. This notice, which also went to California’s Attorney General, all state District Attorneys, and city attorneys in major cities of California, alerted them to the alleged breach of Proposition 65 due to the presence of PFOA in the Carefree pad liners. Despite this notification, the government did not take any action, as stated in the complaint.

The environmental group is petitioning the court to issue an injunction that would prohibit the defendants from manufacturing, distributing, offering for sale, or selling Carefree panty liners containing PFAS in California, without providing adequate warnings as stipulated by Proposition 65. This action would not only ensure compliance with health and safety regulations but also aims to protect consumers from the potential risks associated with these chemicals.

The complaint further requests that the court assess civil penalties against the manufacturers. The amount of these penalties would be determined by the court and is intended to serve as both a punishment for the violation of the law and a deterrent against future violations.

Lawsuits Over PFAS Exposure

As concerns surrounding PFAS exposure from personal care products continue to be raised in complaints filed nationwide, most of the PFAS health concerns have stemmed from water contamination problems, caused by the large volumes of the chemicals contained in aqueous film-forming foam (AFFF), which have been used by the military and firefighters to fight fuel-based fires for decades

During training and response exercises, these PFAS chemicals have been dumped into the environment and local water supplies, particularly around military bases, airports and firefighter training locations, causing many communities to have dangerous levels of the chemicals in their drinking water.

3M Company, DuPont, Chemguard, Inc., Tyco Fire Products and other manufacturers of chemicals and fire safety products now face thousands of PFAS water contamination lawsuits brought by local water providers and individuals diagnosed with various types of cancer.

Given common questions of fact and law presented in thousands of lawsuits against AFFF and PFAS manufacturers over the cancer risks linked to use of the chemicals in firefighting foam, coordinated pretrial proceedings have been established in the federal court system before U.S. District Judge Richard M. Gergel in the District of South Carolina, where the claims are currently centralized for discovery and a series of early bellwether trials.