In Cavalier v. Apple, Inc., a group of California consumers launched a nationwide class action accusing Apple of fraud, negligence, and other state consumer law claims arising from its sale of Apple Watch Sport Bands. The plaintiffs alleged that their Sport Bands contained dangerous levels of perfluorohexanoic acid (PFHxA) — a type of the “forever chemical” perfluoroalkyl substance (PFAS) — which poses the risk of causing a variety of serious health problems to users, such as kidney damage and “reproductive toxicity.” According to the plaintiffs, Apple failed to warn them of the potential health risks of PFAS chemicals in the Sports Bands before they purchased them.
The plaintiffs’ class action complaint rested in large part upon two studies of the Apple Sport Bands that claimed wristband material contained “alarming and hazardous levels of PFHxA.” The complaint also cited test results from an independent lab hired by the plaintiffs that concluded that Apple Sport Bands purchased