Consumers of Dr. Brown’s Baby bottles from Handi-Craft Co. and FIJI water from The Wonderful Company LLC might choose these products based on their “BPA-free” and “Natural Artisan Water” advertising claims. However, recent lawsuits challenge the veracity of such claims, arguing that the products could contain microplastics, rendering the marketing deceptive according to the complaints detailed in a Bloomberg Law report.
Over the first half of 2024, at least eight prospective class actions have emerged, focusing on allegations that microplastics are being overlooked in the branding of products marketed with terms like “all-natural.” The uptick in legal action follows a notable March study from the New England Journal of Medicine, which linked microplastics to heightened risks of heart attacks and strokes. Furthermore, a review by the University of California San Francisco, highlighting the connection between ingested microplastics and cancer risks, underscores the heightened concern.
The lawsuits against companies like Handi-Craft, for instance, argue that their baby bottles made from propylene can release billions of microplastics when heated. Bahar Sodaify, a partner at Clarkson Law Firm representing the plaintiffs, emphasized manufacturers’ duty to inform consumers about any harmful substances their products might contain.
The Plastics Litigation Tracker by New York University notes that prior to these recent suits, microplastics had only been the focus of one other litigation case in the US, which was dismissed in 2019. This surge in microplastic-related greenwashing claims mirrors other class actions where companies have been accused of downplaying potential health risks. Jared Kessler from Winston & Strawn LLP highlighted that public and regulatory scrutiny often precipitates such legal actions.
Mark Hahn from the Woods Hole Oceanographic Institution noted that advances in research are starting to uncover more about microplastics’ impact on human health, showing their presence even in human tissues. Despite the uncertainties surrounding the specific health impacts, Hahn suggests caution in consuming microplastics whenever possible.
Sandra Edwards, chair of Winston & Strawn’s product liability and mass torts practice, likened these lawsuits to earlier litigation surrounding other concerning substances like the Zantac heartburn medication, which culminated in its FDA withdrawal. She indicated that we might soon see lawsuits alleging physical harm caused by microplastics in consumer products.
The quick succession of lawsuits further reflects what some describe as a snowball effect, with initial cases inspiring more consumers to step forward. Such patterns have been observed with other substances cited in greenwashing lawsuits, indicating a broader trend informed by emerging research and public concern.
For a comprehensive look at the ongoing suits and underlying research, visit the original Bloomberg Law article.