PFAS Lawsuits Involve Apple Watch Bands, Samsung Galaxy Watch Bands, and Hershey’s Chocolate Wrappers

Details

Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its chocolate products. The plaintiffs allege that the bands and wrappers include a group of chemicals known as PFAS.

Apple is facing a claim that the Apple Watch Sport Band, Ocean Band, and Nike Sport Band contain PFAS, which the plaintiff claims are “toxic to human health and the environment.” The Cavalier complaint, which was filed in the U.S. District Court for the Northern District of California, 5:25-cv-713, asserts that consumers purchase smartwatches to “monitor and improve their health.” The plaintiff claims that it was a material omission in the relevant advertising to not advise of the presence of PFAS and further claims that PFAS can be “absorbed by the skin and enter the bloodstream.” It is requested by the plaintiff that the case be certified as a class action, and the requested relief seeks to preclude Apple from selling the products in the manner they are sold and to obtain monetary compensation.

Samsung is facing PFAS allegations in the Gonzalez case, which was filed in the U.S. District Court for the Central District of California, 2:24-cv-11234. The alleged products at issue are the Samsung Galaxy Watch Fluoroelastomer Band, Sport Band (20mm), Sport T-Buckle Band, Rugged Sport Band, Extreme Sport T-Buckle Band, and D-Buckle Hybrid Eco-Leather Band.

Further, Hershey is facing three cases in which the plaintiffs allege that Hershey failed to disclose the presence of PFAS in the packaging of several of its chocolate products. The cases have just been consolidated under the Parish matter in the U.S. District Court for the Middle District of Pennsylvania, 1:24-cv-1868. The plaintiffs are to file an amended complaint consolidating the cases within 60 days of January 31, 2025. Presently, the wrappers at issue that allegedly contain PFAS include but are not limited to Hershey’s Milk Chocolate Bar, Hershey’s Cookies ‘n’ Creme Bar, Hershey’s Kisses, Reese’s Peanut Butter Cups, Reese’s Pieces, Almond Joy, Mounds, and Kit Kat bars. The plaintiffs assert that PFAS compounds do not decompose over time and are supposedly dangerous to the human body for those who inadvertently consume them and further contend that PFAS can migrate from food packaging through contact with the food. The plaintiffs seek, among other things, an order that Hershey cease from using alleged PFAS in the wrappers, an order to require a disclosure of alleged PFAS on wrappers, and an order that directs for the recompensation of consumers.

All these cases are in their infancy and the defendants will have the opportunity to challenge the allegations. These suits illustrate that various types of products could be at issue in PFAS litigation where economic loss damages are alleged.

James Mulhall and Kathy Beckett are co-leaders of the Steptoe & Johnson PFAS & Emerging Contaminants Team, which is comprised of lawyers and professionals with experience in PFAS issues. Please contact the author or any member of the team for questions regarding PFAS.