Made In Cookware Lied About Use of Harmful ‘Forever Chemicals’ in Non-Stick Cookware, Class Action Alleges

A proposed class action alleges the manufacturer of Made In Cookware has falsely advertised that its non-stick pans, saucepans, sauciers and pots are “PFOA free” and “100% non-toxic,” even though the products are, in fact, made with measurable amounts of the dangerous chemical.

The 75-page lawsuit, filed on November 28 in Texas, alleges defendant Boston Foundry, Inc. has intentionally deceived consumers by claiming that its products are free from perfluorooctanoic acid (PFOA), a commonly used component in non-stick coatings that was phased out of production in 2002 due to associated health risks. The filing states that PFOA falls into a category of toxic “forever chemicals” known as per- and polyfluoroalkyl substances (PFAS).

In reality, the case says, the Made In Cookware products at issue have a non-stick coating that contains polytetrafluoroethylene (PTFE), a chemical known more commonly by the brand name Teflon and belonging to the same family as PFOA and PFAS. According to the filing, both PFOA and PFAS are used in the production of PTFE.

The complaint points to documented instances where PFOA and PFAS emissions have been detected near PTFE-producing manufacturing plants in the United States and China, resulting in widespread air, soil, water and food contamination. The suit also notes that heating PTFE to high temperatures, including to temperatures needed to cook food, can cause the chemical’s long molecular chain to collapse into shorter chains characteristic of more hazardous types of PFAS, such as PFOA.

“It is therefore misleading for [Made In] to represent to consumers that its cookware is ‘100% non-toxic’ and free from PFOA,” the lawsuit contests, highlighting in particular that “the manufacturing process of cookware containing PTFE is ridden with PFAS and PFOA, and heating PTFE while cooking changes the molecular makeup of PTFE to one that more closely resembles other PFAS and PFOA.”

Per the case, Made In’s false representations amount to “greenwashing” as they were designed to cash in on an increasing demand from consumers for safe, clean and environmentally friendly products. Many Made In customers would not have bought the non-stick cookware had they known the products contained the very chemicals they sought to avoid, the lawsuit argues.

What’s the deal with PFAS?

Often referred to as “forever chemicals,” PFAS do not break down easily and can accumulate in the environment and the human body over time, the complaint explains. Although PFAS have properties that help make products resistant to oil, stains, water and heat, human exposure to these chemicals has been linked to a number of adverse health effects, including certain types of cancer, liver and kidney failure, immunological complications, reproductive issues and more, the suit shares.

Per the filing, studies centered specifically around PFOA show that individuals who have been exposed to the chemical are at a higher risk of developing bladder, kidney and testicular cancer, liver damage and disease, colitis, endocrine disruption and thyroid disease.

The complaint stresses that PFOA found in non-stick cookware, in particular, can pose significant health risks over time because “the non-stick coating scratches, peels, and burns off during the cooking process, becoming a toxic pollutant that may make its way into food or into the air we breathe.” Notably, the Better Business Bureau’s website and other online forums include reports from many consumers who say the non-stick PTFE coating on their Made In cookware peeled off into their food, the suit shares.

Made In’s allegedly ‘unreliable’ claims

Contrary to Made In’s “non-toxic” and “made without PFOAs” claims, testing performed by Consumer Reports revealed in 2022 that a Swiss Diamond pan with the same PTFE coating as the Made In products at issue contained “measurable amounts” of PFOA and other PFAS, the case states. Like the defendant’s non-stick cookware, the Swiss Diamond pan came in a package that said the product was PFOA-free, the filing adds.

In its October 2022 report, Consumer Reports concluded that the claim “PFOA free” on non-stick cookware using a PTFE coating is “unreliable,” meaning individuals who want to avoid PFAS in cookware should look for products that claim to be “PTFE free,” the complaint relays.

According to the suit, Made In’s Amazon and Walmart listings deceptively assure consumers that PTFE is “100% Safe.” Moreover, the company’s website made no mention of its use of PTFE in its non-stick cookware until August 2023, when it added a “California Safer Food Packaging and Cookware Act (AB 1200) Disclosure” page, the case contends.

“Thus, prior to August of 2023, any consumer wishing to purchase an [Made In] NonStick pan could navigate to [Made In’s] website, research the Non-Stick pans, select a Non-Stick product, and complete a purchase of what they believed to be a ‘non-toxic’ pan ‘made without PFOAs’ without ever being notified that the products, in fact, contained PFAS ‘forever chemicals’ like PTFE,” the lawsuit says.

Who does the lawsuit aim to cover?

The case seeks to represent anyone in the United States who purchased any of the following Made In Cookware products, including all variations of these pans, saucepans, sauciers, pots and sets, with or without a lid:

How do I join the lawsuit?

When a proposed class action is first filed, there’s usually nothing you need to do to join the lawsuit. It’s usually only if and when a case settles that those who were affected by the allegations, called “class members,” may have to take action. This may involve filling out and filing a claim form online or by mail, although a class member may receive direct notice with details about what to do next and their legal rights if a case ultimately settles.

If you bought any of the Made In Cookware products listed on this page, or just want to stay in the loop on class action lawsuit and settlement news, sign up for ClassAction.org’s free weekly newsletter.