Federal Judge: Screening Test Alone Not Sufficient To Support PFAS Class Action

A federal judge in California has rejected a specific screening test for per- and polyfluoroalkyl substances (PFAS) as insufficient alone to support a class action lawsuit involving allegations of PFAS in menstrual products. Noting that the total organic fluorine" (TOF) test, cited by the plaintiffs as the "gold standard" for PFAS testing, "may detect organofluorine chemicals that are not PFAS," the judge determined that TOF testing alone is not sufficient to determine whether PFAS are present in products.

In this case, plaintiffs brought suit against the manufacturer claiming that advertising of the menstrual products as "pure cotton" was untrue given that TOF testing indicated the presence of organic fluorine. While granting the motion to dismiss, the judge has allowed the plaintiffs more time to substantiate their claim that PFAS specifically are present in the product and, if so, at harmful levels. The plaintiffs will now have to do so through a different and