PFAS Lawsuit Involves Health Care Products

Certain Band-Aid bandages are the focus of a recently filed lawsuit. A complaint (filed in Moultrie, 3:24-cv-4757, (D.N.J. Apr. 10, 2024)) alleges that Band-Aid Flexible Fabric and Ourtone (BR45, BR55, and BR65) bandages contained PFAS at the time of the sale.

Materials known as PFAS are made up of two subcategories of substances (perfluoroalkyl and polyfluoroalkyl substances), and are sometimes described as “forever chemicals,” primarily because the chemical bond between the carbon and fluorine atoms is strong and stable.

The lawsuit claims that the above-referenced Band-Aid products were tested and found to contain PFAS. As a result, the plaintiffs claim that they sustained economic damages by not being previously warned that PFAS were allegedly contained in the bandages. The plaintiffs assert that they would not have purchased the products had they known of the products’ contents because the plaintiffs claim PFAS can cause adverse health effects.

The case is in its early stages and has recently been consolidated with two similar lawsuits. The responsive pleading of the defendants is to be filed in the near future whereby they can describe defenses to the claims. Further, an effort is underway to have the consolidated lawsuit certified as a class action. In short, the litigation largely rests on an alleged failure to warn about products’ contents.

James Mulhall is a leader of the Steptoe & Johnson PFAS & Emerging Contaminants Team, which is comprised of lawyers and professionals with experience in PFAS issues and monitors for developments such as this new case. Please contact us with any questions.