A proposed class action alleges The Procter & Gamble Company has misleadingly labeled its Tampax Pure Cotton tampons.
According to the 13-page complaint, the Tampax labeling wrongfully advertises that the product is pure cotton, has no added coloring, and is an environmentally friendly alternative to other brands.
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Despite their “pure cotton” description, the tampons contain non-cotton ingredients, the suit alleges. Per the complaint, “only a small asterisk” next to the word “cotton” refers buyers to a statement specifying that each tampon “Contains [a] 100% Organic Cotton Core.” The non-core ingredients include polypropylene, polyester, glycerin, paraffin and titanium dioxide, which are not considered “pure” materials because they are produced through synthetic processes, the case argues.
The lawsuit claims that the Tampax product’s “Pure Cotton” description leads consumers to mistakenly believe that all the components used in the tampons will be made from cotton.
Additionally, the case contends that the feminine hygiene product is misleadingly labeled as “Free of Dyes, Fragrances & Chlorine Bleaching” because it contains titanium dioxide, a synthetic powder used to whiten the product. As the suit tells it, although the tampons may not technically contain chlorine bleaching or dyes, titanium dioxide serves the same purpose.
The assertion that the Tampax tampons have a 90% plant-based applicator misleads consumers who believe that they are paying for a biodegradable alternative to plastic, the complaint alleges. Per the suit, studies have shown that plant-based applicators are likely to resist biodegrading in the environment just like conventional plastic applicators. In light of these findings, it is misleading to position tampons with plant-based applicators as an environmentally friendly alternative to single-use plastics, the suit contends.
The case argues that these misleading representations allow The Procter & Gamble Company to sell Tampax Pure Cotton tampons at a higher price.
The lawsuit looks to cover consumers in Illinois, Utah, West Virginia, Wyoming, Arkansas, Ohio, Nevada, South Carolina, and Mississippi who purchased Tampax Pure Cotton tampons during the applicable statute of limitations.
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