PFAS Litigation Update: Another Tool In The Defendants' Toolbox

On October 15, a California federal court handed down a ruling that significantly undermines the so-called "gold standard" of per- and polyfluoroalkyl substances (PFAS) testing relied upon by most plaintiffs in similar types of litigation. In Bounthon et al. v. The Procter & Gamble Co., proposed class action plaintiffs alleged that Procter & Gamble's Tampax brand tampons contain PFAS, notwithstanding product claims of "purity," and asserted violations of various states' consumer protection statutes, including California's False Advertising Law, California's Consumer Legal Remedies Act, California's Unfair Competition Law, and a common law claim for unjust enrichment/quasi-contract.