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Dive Brief:

• Hundreds of California residents are suing feminine care product makers Edgewell, Essity and Johnson and Johnson for allegedly manufacturing and distributing Carefree-brand panty liners intentionally made with perfluorooctanoic acid, according to documents filed Oct. 9 at the Superior Court of Los Angeles County.
• The plaintiffs accused the companies of violating a California state law that banned the manufacturing, sale and distribution of menstrual products intentionally made with perfluoroalkyl and polyfluoroalkyl substances that went into effect Jan. 1, 2025.
• The residents are also suing Gelson’s Markets for stocking and selling the Carefree products allegedly made with PFAS. They are seeking compensatory damages for past and future physical pain, mental and emotional distress and other alleged injuries, along with medical and related expenses.

Dive Insight:

The lawsuit cited an independent lab test conducted in 2024 that found one or more of Carefree’s five product layers contained PFOA, and allegedly continued to incorporate the toxic substances since then.

Law firm Custodio and Dubey initially pointed to the independent lab test and sent a 60-day notice in February 2024 to the California attorney general and every district and city attorney with a population greater than 750,000 in the state, informing them of their findings as reason to prosecute Edgewell. 

Custodio and Dubey sued Edgewell in September 2024, but requested a dismissal the following year, Bloomberg Law reported. 

Consumers have used Carefree products for years, according to the lawsuit. It alleged that affected residents wore the panty liners for up to eight to 10 hours during their menstrual cycles, coming into contact with their external genitalia area, which consist of thin tissue and blood vessels that allow the PFOA to seep through. 

The constant use has allegedly led to injuries, including various cancers such as ovarian, uterine, endometrial and cervical, according to the lawsuit. Court documents also show that use of these products has allegedly caused various thyroid, cholesterol, liver and metabolic diseases, as well as reproductive, hormonal and developmental injuries.

Plaintiffs accuses the companies of negligence and fraud for not informing consumers of a PFAS-free alternative and not issuing a warning that the panty liners contain PFOA.

Furthermore, the lawsuit accuses the “manufacturer defendants” of negligence in designing, testing and selling Carefree products laced with PFAS. 

“Carefree stands behind its products,” Amy Bellcourt, Essity spokesperson, said in an emailed statement. “We do not intentionally add PFAS chemicals to our products – they are not an ingredient used in making them. The list of ingredients in Carefree is printed on the package.”

Essity intends to “vigorously respond” to the claims, Bellcourt added.

Edgewell and Johson and Johnson did not respond to requests for comment before publication.

PFOA is listed under California’s Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986. The law requires businesses to provide warnings to California consumers about exposures to chemicals that can cause cancer, birth defects and other reproductive injuries. 

The warnings enable consumers to make informed decisions about their exposures to the toxic substances in the products, according to the California Office of Environmental Health Hazard Assessment, which oversees Proposition 65’s implementation.

Additionally, the law requires the state agency to publish a list of chemicals known to cause health issues. PFOA was placed on Proposition 65’s chemical list in November 2017 due to causing reproductive toxicity based U.S. Environmental Protection Agency’s human health toxicity assessment.

In February 2022, the state placed PFOA on Proposition 65’s list of chemicals known to cause cancer based on a National Toxicology Program study.

Essity acquired Edgewell’s feminine care business, which includes brands such as Playtex, Stayfree, o.b. and Playtex, in February. These brands underwent a series of ownership changes over the past 50 years.