Tampon Lawsuit Settlement Talks Ordered Over Lead Levels in Tampax Pearl Products

Class action lawsuit accusing Tampax Pearl tampons of exposing women to unsafe levels of lead is set for a conference on October 31, 2025.

A U.S. magistrate judge has ordered both sides in a Tampax lawsuit to bring representatives with full settlement authority to an upcoming evaluation and case management conference, to discuss resolving claims brought on behalf of women who may have been exposed to high levels of toxic lead in the tampons.

Allison Barton brought the class action lawsuit against The Procter & Gamble Company in July 2024, alleging that certain kinds of Tampax tampons contain dangerous amounts of lead, which could be absorbed directly into women’s bloodstreams.

Lead is a kind of heavy metal known to cause various adverse health effects in individuals who are exposed, including high blood pressure, kidney damage and reproductive problems. According to the U.S. Centers for Disease Control and Prevention (CDC), no level of lead in the human body is considered safe.

In August 2024, researchers from Columbia University and the University of California Berkley found that heavy metals like lead were present in at least 14 tampon brands and 18 different product lines commonly sold throughout the United States, warning that exposure to these toxic metals could increase women’s risks of infertility, hormonal disruption and certain kinds of cancers.

This finding was in addition to a number of independent and government reports indicating that lead and other heavy metals may be present in various other products, including e-cigarettes, soft drinks and even baby food.

Lead in baby food has led to serious concerns for many parents, as the heavy metal is known to cause developmental delays, learning disabilities and other behavioral issues in children. Due to these dangers, numerous toxic baby food lawsuits have been filed nationwide against major manufacturers, including Gerber, Beech-Nut Nutrition, Plum, Hain, Campbell, Walmart, Sprout and others.

Barton’s assertion was based on independent laboratory testing, which showed that Tampax Pearl tampon products exposed users to more than 0.5 micrograms of lead per day, which is the Maximum Allowable Dose Level (MADL) of lead under California’s Proposition 65.

In addition, her lawsuit asserted that since tampons are inserted vaginally, any lead they contain could bypass the digestive system and enter the bloodstream directly, posing a greater risk than ingestion through food.

Potential Settlement in Tampax Lead Lawsuit

On August 25, U.S. Magistrate Judge Steve B. Chu of the U.S. District Court for the Southern District of California, issued an order (PDF) indicating that Barton’s claims will first go through an early neutral evaluation (ENE) of settlement proposals, with a potential case management conference to follow on October 31, 2025, at 10:00 a.m.

“The purpose of the ENE is to facilitate a discussion between the attorneys, parties, and the magistrate judge regarding the lawsuit in an effort to achieve early resolution. All settlement discussions will be informal, off the record, privileged, and confidential… The parties shall be prepared to engage in good faith settlement discussions with the Court and opposing parties during the ENE. Failure to do so may result in the imposition of sanctions.”

— U.S. Magistrate Judge Steve B. Chu, Notice and Order for Early Neutral Evaluation Conference and Case Management Conference

The order notes that the October 31 session will be conducted by Zoom, and requires each side to bring representatives with full settlement authority. 

Both sides are required to exchange seven-page ENE statements and file a joint discovery plan by October 24, and they may choose to consent to trial before a magistrate judge to help move the case forward more quickly.

Plaintiffs must submit a settlement proposal by October 10, with defendants’ response due by October 17. If no settlement is reached by the end of the evaluation conference, the case management conference will occur immediately following.

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